Property

26
Aug

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Article courtesy of Law Dot News | Property - Eviction Refusal Eviction Refused – Landowners, Unlawful Occupiers “PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights
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27
Jul

Noisy Neighbours – Your Rights, and Buyers Beware!

Article courtesy of Law Dot News | Property Noisy Neighbours – Your Rights, and Buyers Beware! “In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case”
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28
Jun

Buying Property from a Company – Should You Buy the Shares or the House?

Article courtesy of Law Dot News | Property Buying Property from a Company – Should You Buy the Shares or the House? “There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of
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28
Jun

Bodies Corporate: Before You Sequestrate to Recover Arrears…

Sequestrate

27
May

11 POPIA Questions to Ask Yourself Before 30 June 2021

Article courtesy of Law Dot News | Business Law, IT Law & Property 11 POPIA Questions to Ask Yourself Before 30 June 2021 Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business
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27
May

When Bond Clauses Sink Sales

Article courtesy of Law Dot News | Property When Bond Clauses Sink Sales “Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong? Quite
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25
Apr

Landlord Liable for a Tragic “Freak” Flood Drowning

Article courtesy of Law Dot News –  Property & Delict and Civil Claims Landlord Liable for a Tragic “Freak” Flood Drowning “Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners
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29
Mar

Who Gets the House on Divorce?

Article courtesy of Law Dot News – Family Law Divorce Who Gets the House on Divorce? “I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown.
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24
Feb

Buying and Selling Property: Nine Important Questions

“Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing with quite possibly your most

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24
Feb

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

“It is a fundamental principle that no man is allowed to take the law into his own hands” (Transvaal Supreme Court, 1906) Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps by changing locks or disabling

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