The informed seller: Navigating your property sale like a pro
A home is more than just a brick and mortar structure; for many, it is a significant financial asset and a time capsule of memories. Thus, selling such a valuable possession can be not only a monumental decision, but also an overwhelming process. Fortunately, by following a few key guidelines as explained below, you can […]
Beginner’s guide to praedial servitudes
We come across servitudes more often than we think. We just don’t know it. An example could be something as simple as using the walkway in front of your neighbour’s property to enter or exit your own property. This is an example of right of way. Servitudes play a vital role in facilitating the use […]
Court’s discretion: Redistribution of assets in marriages out of community of property without implementation of the accrual system
In October 2023, the Constitutional Court extended judicial discretion to order redistribution of assets at the dissolution of marriages out of community of property without accrual, entered into after 1 November 1984 and/or dissolved by death. This decision came from two interconnected cases, EB v ER and Others (CCT 364/21) and KG v Minister of […]
Navigating South African property investment as a foreigner
South Africa, with its breathtaking landscapes, vibrant cultures, and diverse opportunities, has long enticed global investors. The country’s real estate market mirrors its dynamic scenery offering a tantalizing prospect for global investors. However, for foreigners contemplating property ownership in South Africa, navigating the legal intricacies and financial landscapes can be both intriguing and daunting. Indeed, […]
The Blueprint for Building Plans
In the whirlwind of excitement that often accompanies buying or selling a property, it is easy to overlook the nitty-gritty details, such as the critical role of building plans. The National Building Regulations and Building Standards Act 103 of 1977 clarifies that construction cannot commence without the prior submission and approval of the designs, by […]
“I am signing my life away” – says every mortgagor
Signing your bond documents can be a stressful and overwhelming exercise if it is your first time because you are unfamiliar with the process. A bond is registered over a property as security for the bank for the monies lent and advanced to the mortgagor. After applying for the loan through a financial institution or […]
Demystifying the dance: A landlord’s basic guide to evictions in South Africa
It is no secret that South Africa has a complex history of land rights, more specifically when it comes to land dispossession. This history has shaped our current land dispensation and has influenced how courts have balanced landlord and tenant rights during the eviction process. Magistrates and Judges have, since the advent of democracy, acted […]
Patent and latent defects: Can the seller rely on a voetstoots clause?
As a purchaser, you have most likely come across the term “voetstoots”, whether it’s been purchasing a laptop on Gumtree or purchasing a car from Facebook marketplace, but do you really know what the term “voetstoots” actually means? The voetstoots clause is a phrase derived from Roman-Dutch law that generally allows a seller to sell […]
Understanding the latest developments in Property Law in South Africa
South Africa has undergone some significant changes in property law in recent years. One of the most notable changes is the amendment to the Sectional Titles Act 95 of 1986 through the Sectional Titles Schemes Management Act 8 of 2011, which took effect on 7 October 2016. The 2016 amendment to the Sectional Titles Act […]
Executorship – Nomination and appointment
The estate of every deceased person requires an Executor to be appointed to administer the respective estate. Appointment of Executors, as well as their duties, are overseen by the Master of the High Court, with the Executor being issued with Letters of Executorship, or Letters of Authority, by the Master of the High Court upon […]