Tag: Property

27
May

Contracting with Trusts – Is a Majority Decision Valid?

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 Appeal
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25
Apr

Rising Damp and Failed Waterproofing: How to Sue the Sellers

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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29
Jan

Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)

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 Standards
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29
Jan

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

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 respective
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26
Oct

A Costly Case of Buyer’s Remorse

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 couple
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28
Aug

Landlords: You Cannot Cut a Defaulting Tenant’s Water and Electricity

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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24
Feb

Installing Home Solar – How to Comply with the Regulatory Requirements

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’s
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26
Oct

If the Municipality Rejects Your Building Plans, Consider PAJA

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 decisions
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29
Aug

Owning Property Jointly – The Rewards, The Risks, and The Remedy

Article courtesy of Law Dot News | Property Owning Property Jointly – The Rewards, The Risks, and The Remedy “Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to owning property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there
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29
Aug

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

Article courtesy of Law Dot News | Property and Debt Recovery It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It) “A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted”
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