Property

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
Read more
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

Read more

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
Read more
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

Read more

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
Read more
28
Jan

Does an Expired Lease Automatically Continue Month-to-Month? At What Rental?

“Close your eyes –Landlord knockingOn the back door”(Jack Kerouac; Northport Haiku) Your residential fixed-term lease expires but for whatever reason you don’t sign a new one. Nor does the lease say anything about what will happen on expiry. Is there still any form of valid lease in place and if so what terms and conditions apply? What rent is payable?

Read more

6
Jan

Must You Pay Tax on Your Rental Income?

“Few of us ever test our powers of deduction, except when filling out an income tax form” (Laurence J. Peter of The Peter Principle) Letting out property can give you an excellent “annuity” income, and if that concept appeals to you and a buy-to-let property comes your way at the right price put an offer in right now; before the

Read more

26
Nov

Property Sales and Trusts: Demand Proof of Trustee Authority

“If you want to make your house easy to sell, make it easy to buy” (Anon) You are overjoyed at receiving a good offer for your property – not easily achieved in these hard times and of course you certainly don’t want to do anything to jeopardise the sale. But perhaps do that little bit extra homework before accepting the

Read more

26
Nov

Property Owners, Buyers and Agents: Lost Title Deeds and Bonds – Don’t Delay!

“He who hesitates is lost” (Wise old proverb) In January 2019 new amendments to Regulations for the replacement of lost title deeds (and similar documents like mortgage bonds and notarial bonds – see below) were published. They were very onerous and slated to come into effect at short notice, but after criticism they were suspended – until now. Revised amendments

Read more

26
Nov

Your Website of the Month: A Festive Season Home Security Checklist

Every year the criminal fraternity welcomes the onset of the Holiday Season – lots of empty homes, lots of high-value new gadgets around, lots of relaxed homeowners letting their guard down… Here’s how to foil the bad guys while enjoying your year-end break as a time of celebration and relaxation, not a time of worrying about whether your home-sweet-home will

Read more