Property

27
Jun

Buying and Selling Property: Who Pays What Costs?

Article courtesy of Law Dot News | Buying and Selling Property Buying and Selling Property: Who Pays What Costs? “Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either buying or selling property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can
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27
Jun

Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions

Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights one that is particular to sectional title schemes. It involved a unit owner whose “recalcitrant

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26
May

Landlords: Zoning Law Contravention Could Invalidate Your Lease

Article courtesy of Law Dot News | Property - Zoning Law Landlords: Zoning Law Contravention Could Invalidate Your Lease “…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy
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25
Apr

Property Owners: Your Rates Could Quadruple for Unauthorised Land Use

Article courtesy of Law Dot News | Property Property Owners: Your Rates Could Quadruple for Unauthorised Land Use “The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and the duty) to regulate land use in their areas, and amongst
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25
Apr

Beware The Badly Worded Bond Clause!

Article courtesy of Law Dot News | Property - Bond Clauses Beware The Badly Worded Bond Clause! “The terms of the contract are the decisive criterion by which any potential expiry of a deadline has to be determined” (extract from the judgment below) A recent High Court decision provides yet another reminder to have your property sale agreement drawn (or
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30
Mar

Property Owner and Body Corporate Liable After Child’s Electrocution?

A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable lessons for property owners, contractors,

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23
Feb

3 Steps to Buying Your First House

“Happiness is… buying your first home” (Anon) Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived! The financial bonus of course is that you have probably just made

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26
Jan

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February

Article courtesy of Law Dot News | Property Act How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February “… a property is an asset to enhance economic activity, growth and development…” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February
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5
Jan

Can Your Tenant Claim a Lockdown Rental Remission?

Article courtesy of Law Dot News | Property Can Your Tenant Claim a Lockdown Rental Remission? “It would thus be prudent that a commercial lease agreement includes a clause dealing with the risk associated with vis maior, casus fortuitus and the impossibility of performance.” (Extract from judgment below) The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively

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25
Nov

Selling Your Home: How to be Lucky this Holiday Season

Article courtesy of Law Dot News | Property Selling Your Home: How to be Lucky this Holiday Season   “Luck is what happens when preparation meets opportunity” (Lucius Annaeus Seneca the Younger, Roman philosopher) History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s land registration records from two millennia ago have unfortunately
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