Advice &amp; News

A closer look: Why should I leave a will?

Miemie Hendriksz is a seasoned expert in the field of administering deceased estates and related services, with an impressive track record dating back to 2006, where she has successfully managed over five hundred estates. Additionally, Miemie has been a dedicated member of FISA since 2012. In this article, we'll delve into the compelling reasons behind the necessity of having a valid will, drawing from Miemie's extensive knowledge and experience.

September 12, 2023

No Will, who will inherit my property?

When someone dies and leaves behind property or assets (in the form of inheritance), it can get complicated, especially if they didn't leave a legal Will to say who should receive their belongings.

September 11, 2023

How to legally purchase or sell an RDP home.

The Reconstruction and Development Programme (RDP) was established in 1994 with the aim of promoting South Africa’s social and economic growth. RDP homes are typically intended for underprivileged individuals, providing affordable housing options. The process of legally purchasing and selling an RDP home involves adherence to specific regulations and guidelines imposed by the respective government authorities. We will outline the necessary steps and considerations involved when legally buying and selling RDP homes.

August 15, 2023

Sectional Title Governance

Deadline for Building on Vacant Land

Community Schemes are living arrangements where people share the use of and responsibility for land or buildings. Examples of community schemes include sectional title complexes, homeowners’ associations, retirement housing schemes, share block companies, and housing cooperatives.

July 10, 2023

The validity of written sales agreements

This case is about a dispute over a written agreement to sell a piece of land. The question was whether the agreement was valid or not. The agreement was made between the liquidators (referred to as “the Seller”) and a company named Curro (known as “the Purchaser”).

July 10, 2023

What to do when a loved one dies

When someone we love passes away, the last thing on our minds is dealing with the legal matters that come with it. However, if you’ve been chosen as the executor of their estate, there are some important things you should take care of before involving an attorney.

July 10, 2023

A crucial victory for water rights

Agriculture is one of the most important sectors of the global economy, and it relies heavily on water resources for crop production.

May 26, 2023

Caveats and endorsements noted against a property

Conveyancers are keen investigators, they are specialists in their field as they exercise knowledge and skill in all of the transactions. Although every transaction might be different, the principles remain the same.

May 26, 2023

Is the landlord’s right to rental income adequately protected under South African Law

Under South African Law, the rights of the landlord/lessor to receive rent from their tenants is adequately protected. If the landlord fulfils his duties according to the lease agreement, there is no reason why a tenant should not pay their rent.

April 26, 2023

A bird’s view on the case of Werner and Werner V Paula Barnard N.O. and Others and the battle of vacant possession

This article discusses the voetstoots clause. Be careful of what you litigate for and against whom, for you might not always get what you ask for. Do not act in the heat of the moment, without the proper consideration of all the facts. Do your homework and choose your attorneys carefully to apply their minds and the law. This case is a classic example of the consequences of the wrong legal advice and strategy.

April 26, 2023

Sectional Title Governance

Sectional Title governance refund from the Local Authority after registration

Will I get a refund from the Local Authority after registration and how does it work?

April 12, 2023

The agent’s responsibility to the tenant, buyer and seller when selling a property with a tenant in it

When selling a property with a tenant, the agent must disclose the tenant and lease agreement to the buyer to avoid disputes or the tenant becoming a squatter. The lease agreement takes precedence over the agreement of sale during its duration.

March 29, 2023

Sectional Title Governance

Hear me roar: The use of generators in Sectional Title Schemes

There is no sound that pierces a fellow South Africans heart quite like the mighty roar of their neighbour’s generator in the early hours of the morning. While residents in Sectional Title Schemes dream of a day that they too can use a generator to mitigate the detrimental effects of loadshedding, they are awakened to a reality that does not allow for this.

March 29, 2023

Who moved my deeds?

The e-DRSA will improve deed registration in South Africa by increasing efficiency and accuracy. However, involving key stakeholders, such as the Law Society of South Africa, South African Deeds Registries, and Department of Rural Development and Land Reform, is crucial. The cost and impact on the current paper-based system must also be considered.

March 29, 2023