Tag: Property

Article courtesy of Law Dot News | Property - Mortgage Bond Arrears “O, I do not like that paying back.” (Falstaff, in Shakespeare’s Henry IV Part I) A standard clause in loan agreements, suretyships and the like is the “certificate of balance” or “COB” clause. Typically, it will read something like this (but normally with a lot more verbiage, andRead more

Article courtesy of Law Dot News | Property - issues with neighbour Protect Yourself from the Nightmare Neighbour “A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents and management atRead more

Article courtesy of Law Dot News | Contracts | Property | Trusts Contracting with Trusts – Is a Majority Decision Valid? “Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of AppealRead more

Article courtesy of Law Dot News | Property Law Rising Damp and Failed Waterproofing: How to Sue the Sellers “[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true

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Article courtesy of Law Dot News | Property - Building Plans Why Buyers Should Ask for Building Plans “No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building StandardsRead more

Article courtesy of Law Dot News | Property - Loadshedding “Pay Extra for My Generator or I’ll Cut You Off During Loadshedding” Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respectiveRead more

Article courtesy of Law Dot News | Property Law A Costly Mistake of Buyer's Remorse “Caveat subscriptor” – old legal maxim meaning “Let the signer beware!’ Property Law - A recent High Court decision once again highlights the dangers of signing anything without reading, understanding and fully considering it. A “Renovator’s Dream” and a case of buyer’s remorse A coupleRead more

Article courtesy of Law Dot News | Property – Defaulting Tenant’s Landlords: You Cannot Cut a Defaulting Tenant’s Water and Electricity “A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo

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Article courtesy of Law Dot News | Property - Home Solar Regulatory Requirements Installing Home Solar – How to Comply with the Regulatory Requirements “We have this handy fusion reactor in the sky called the sun; you don’t have to do anything, it just works. It shows up every day” (Elon Musk) Eskom’s no-end-in-sight loadshedding, rising electricity costs, South Africa’sRead more

Article courtesy of Law Dot News | Property Law & Constitutional Law If the Municipality Rejects Your Building Plans, Consider... “The Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.” (Department of Justice and Constitutional Development) Bureaucratic decisionsRead more