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Court's View on Alienation of Private Water Rights in Rainy Season
Legislative Guidelines

Court's View on Alienation of Private Water Rights in Rainy Season

Water use in South Africa is mainly regulated in terms of the National Water Act 36 of 1998 (Water Act). The Water Act clearly states that water is a scarce and unevenly distributed resource and that Government has a responsibility to manage water use and distribution in a sustainable way to the benefit of all users. Water is a natural resource that belongs to all people, and to achieve sustainability and equality, and to protect our water resources, Government must manage the use and distribution thereof.

January 31, 2021
Cheques are a thing of the past
Contractual Matters

Cheques are a thing of the past

In a statement issued late last year, the South African Reserve Bank informed the public that, “the issuing and the acceptance/collection of cheques will cease, effective from 31 December 2020.” At the time, most banks had already begun phasing out this form of payment, with clients making use of cheaper, more convenient electronic payment methods.

January 29, 2021
How does divorce affect transfers in the case of joint ownership?
Contractual Matters

How does divorce affect transfers in the case of joint ownership?

The end of a marriage can result in several administrative challenges, not least of which is tackling the joint ownership of immovable property. And while divorce can be a traumatic and emotional experience, with the proper legal advice, the transfer of ownership doesn’t need to be.

January 29, 2021
Why identifying the ultimate beneficial owner matters
Contractual Matters

Why identifying the ultimate beneficial owner matters

In the past, detecting funds from unlawful activities as they entered the financial system was relatively straightforward. These days it's not as easy.

January 29, 2021
A closer look at bank assisted sales
Contractual Matters

A closer look at bank assisted sales

A bank assisted sale (or distressed sale) is the sale of the owner’s property with the assistance of the bond holder (the bank). Contrary to popular belief, the bank doesn’t sell the property but rather assists the owner with the sale in order to limit damages for all relevant parties.

December 11, 2020
Electronic signatures in South Africa
Contractual Matters

Electronic signatures in South Africa

There’s an ongoing discussion in the commercial world, especially in property law, around the types of documentation that can be signed electronically.

December 11, 2020
Do you need a gas compliance certificate?
Contractual Matters

Do you need a gas compliance certificate?

If you’re selling a property with a gas installation, a certificate of conformity will need to be obtained before transfer of the property. This certificate is issued in terms of Regulation 17(3) of the Pressure Equipment Regulations and has to be issued by an authorised person.

December 11, 2020
Legal victory for heterosexual life partners
Legislative Guidelines

Legal victory for heterosexual life partners

In the recent decision of Bwanya v The Master of the High Court and others, the court discussed the legal status of heterosexual life partners, specifically the rights of a surviving life partner to the proceeds of a deceased partner’s estate.

December 3, 2020
Land Claims' Impact on Mortgage Bond Registration
Legislative Guidelines

Land Claims' Impact on Mortgage Bond Registration

When it comes to commercial lending transactions, the lender – usually a commercial or corporate division of a bank – may require confirmation that there are no land claims in process in respect of the property or properties that will form part of the security to be registered in the lending structure.

December 3, 2020
Comment on the Expropriation Bill, 2020
Legislative Guidelines

Comment on the Expropriation Bill, 2020

This article seeks to highlight some aspects of expropriation of land by looking at the current section 25 of the Constitution and the Expropriation Bill 2020, issued by the Department of Public Works and Infrastructure.

December 3, 2020
What is the role of an estate agent?
Rental Management

What is the role of an estate agent?

An estate agent plays an integral part in most property transfers, acting as the link between the seller and buyer, negotiating the terms of the offer to purchase and helping to ensure a smooth and positive process for both parties.

April 6, 2020
Rectifying information on a title deed
Contractual Matters

Rectifying information on a title deed

A title deed is the formal record of who the current owner is of a specific piece of land so naturally, making sure that this information is accurate and up to date is incredibly important.Title deeds contain a number of important facts and information relating to the property, including the legal description, the size / extent of the property, conditions that the property is subject to, the last recorded purchase price and details of both the seller and purchaser. One of the most pivotal stages in the transfer process is where the Deeds Registry endorses the new title deed and rights are tra

April 6, 2020
Coronavirus lockdown and Offer to Purchase
Contractual Matters

Coronavirus lockdown and Offer to Purchase

We are experiencing unchartered territory with the current lockdown due to the Coronavirus and while it is impossible to predict what the future holds or have immediate answers to what this might mean for each property related scenario, we can offer some advice to those who have signed an Offer to Purchase prior to or during the lockdown in South Africa.

April 6, 2020
The Rental Housing Tribunal
Rental Management

The Rental Housing Tribunal

It is always the hope that tenant and landlord relationships remain respectful and positive, but when things take a turn for the worse, the Rental Housing Tribunal is there to help. Here’s what you need to know…

February 26, 2020
What should I know about bond registrations and cancellations?
Contractual Matters

What should I know about bond registrations and cancellations?

For the majority of property buyers, taking out a bond to help finance the purchase of their dream home is an essential step of the process. The good news for Snymans clients is that our experienced team can guide you through the process…

February 26, 2020