Tag: Property
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 communityRead more
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,
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. UntilRead more
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, andRead more
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 atRead more
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 AppealRead more
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
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 StandardsRead more
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 respectiveRead more
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 coupleRead more
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