Property

28
Jul

Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates

“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist) Dollar billionaire Andrew Carnegie said it a century ago, and it still rings true – wise

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28
Jul

Property Subsidence: New Law, Strict Liability and Ubuntu

“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.” (Extract from judgment below) It’s every homeowner’s nightmare – your property starts subsiding

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26
Jun

Electronic Signatures in Property and Other Transactions

Article courtesy of Law Dot News Electronic Signatures in Property and Other Transactions “To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe
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26
May

Lockdown! Nuisance Neighbours and How to Handle Them

Article courtesy of Law Dot News Lockdown! Nuisance Neighbours and How to Handle Them “You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that
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26
May

Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You

Article courtesy of Law Dot News Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and
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27
Apr

Leases, Contracts and COVID-19: What is Force Majeure?

Article courtesy of Law Dot News Leases, Contracts and COVID-19: What is Force Majeure? The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay
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27
Apr

Property Sellers – Prepare for SPLUMA

Many factors can delay your property transfer, and all of them are likely to cost you.  A last-minute rush to comply with statutory requirements is one such pitfall to avoid. Beware therefore of the possibility that you will soon need (in some parts of the country you may already need), to lodge before transfer a formal “SPLUMA” (Spatial Planning and

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27
Mar

Your Neighbour Builds Without Plans – Can You Get a Demolition Order?

Article courtesy of Law Dot News Property Law - Your Neighbour Builds Without Plans – Can You Get a Demolition Order? “The primary remedy therefore is an order for removal of the structure” (extract from the judgment below) What can you do if your neighbour has started (or finished) building without the necessary municipal approvals? In a nutshell, our courts
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2
Mar

Budget 2020: Good News for Property Sellers and Buyers, and Some Useful Tax Calculators

“To support the property market, the threshold for transfer duties is adjusted” (Finance Minister Tito Mboweni) Transfer Duty Exemption Up Some good news for property sellers and buyers in particular is the increase in the transfer duty exemption to R1m. See the table below for details and note that with all the brackets being adjusted upwards, buyers at every level

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26
Feb

Running a Business in a Residential Area – Check Your Zoning First!

Article courtesy of Law Dot News Business Law - Running a Business in a Residential Area – Check Your Zoning First! “It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below) You decide to open a home business, or perhaps you are
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