Advice &amp; News

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

Court ruling: Vacant possession

This article highlights the voetstoots clause and the importance of prudent legal decisions and attorney selection, with a case illustrating the consequences of poor legal advice and strategy.

April 26, 2023

South African Law and the landlord’s right to rental income

Under South African Law, the rights of the landlord/lessor to receive rent from their tenants is adequately protected.

April 26, 2023

Sectional Title Governance Refund: Post-Registration

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

April 12, 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

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

The agent’s responsibility when selling a tenanted property

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

The distinction between movable and immovable property

It is important to clearly distinguish between movable and immovable property when buying or selling a house. Movable property consists mainly of the owners’ personal belongings that can be moved freely and are not affixed to the property itself.

February 27, 2023

Environmental Law: Water Rights & Water Pollution in South Africa

South Africa is a relatively water-scarce country. The regulation and implementation of water use is therefore very important.

February 27, 2023

The Validity of Wills – a Look at Formalities

A Testament/Will is a document where a person states their last wishes and what must happen with their estate after their death. If a person dies without leaving a Will, his/her estate will be administered in terms of the “Intestate Succession Act”. This Act provides for rules by which assets are distributed to relatives.

February 27, 2023

Legal rights of homeowners during the repossession process

November 2021, January 2022, September 2022, and November 2022 were pivotal months for many homeowners in South Africa who were forced to revaluate their financial positions with the interest rate increases.

February 2, 2023

Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)

In this case, Platinum Property, the Purchaser, being a company, entered into an agreement of sale with the Seller, being a 93-year-old lady. Platinum took this seller to Court to stop her from transferring the property to another second Purchaser and further to order her to sign their transfer documents. The main issue before the Court was the issue of repudiation and the manner in which the Conveyancer dealt with the transaction.

February 2, 2023

Inheritance of surviving opposite sex life partners

In light of the recent development in Bwanya v Master of the High Court, opposite-sex life partners are now entitled to inherit in terms of the Intestate Succession Act, which was once a benefit exclusively awarded to partners in a same-sex life partnership.

February 2, 2023

What it means to be a trustee

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations.

November 30, 2022