Tag: Property

25
Sep

The Transfer Process in a Nutshell

Article courtesy of Law Dot News | Property - Property Transfer The Transfer Process in a Nutshell “Don’t wait to buy real estate. Buy real estate and wait.” (Will Rogers) Spring is in the air and, as the annual uptick in property sales kicks in, let’s address two questions commonly asked by both sellers and buyers who are unsure about
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26
Aug

Panhandle Access to Properties – The Mistakes to Avoid

Article courtesy of Law Dot News | Property | Property Law Panhandle Access to Properties – The Mistakes to Avoid “You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s
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26
Aug

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

Article courtesy of Law Dot News | Delict Claims |Civil Claims | Property Neighbours’ Facebook Feud... “Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community
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28
Jul

Your House Burns to the Ground: Can You Hold the Seller Liable?

Article courtesy of Law Dot News | Property | Property Law | Property Act Your House Burns to the Ground: Can You Hold the Seller Liable? “Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet,

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27
May

How to Avoid Fighting Over the House – A Guide for Life Partners

Article courtesy of Law Dot News | Life Partners - Family Law | Property | Wills and Estate Planning “An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until
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25
Feb

Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?

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, and
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25
Sep

Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex

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 at
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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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