Property & Developments Law

March 9, 2018

When is a sale a sale or not a sale?

In order for you to have a valid sale of your property, both the seller and the purchaser need to sign a written agreement. When the […]
March 9, 2018

Making sense of Exclusive Use Areas

When purchasing an apartment in a Sectional Title Scheme, your Agreement of Sale most likely refers to your parking bay, balcony or garden as an Exclusive […]
October 20, 2017

Constitutional court ruling on historical debt of property owners

In order to transfer immovable property, the seller is required to obtain a rates clearance certificate from the relevant municipality. Section 118(1) of the Local Government: […]
June 26, 2017

Dispute Resolution through the Community Schemes Ombud Service Act (Act 9 of 2011)

The Community Schemes Ombud Service Act (Act 9 of 2011) hereinafter referred to as “the Act” came into operation on 7 October 2016. The main purpose […]
June 26, 2017

Sectional Title Property

The purchase of a Sectional Title Unit is an immovable property transaction that is, for many Purchasers, the most significant financial transaction they undertake in their […]
May 27, 2016

BEWARE OF TRANSFERRING IMMOVABLE PROPERTY TO A MINOR CHILD

It seems like a sound investment to transfer immovable property to your minor child. The property remains separate from your estate, away from potential third party […]
March 17, 2016

CO-OWNERSHIP OF LAND

The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, […]
July 28, 2015

TO REGISTER OR NOT – THE RISK OF PLAYING BANKER

Purchasers are having increased difficulty in obtaining finance for the purchase of farms and other agricultural land. Many sellers of these properties consider granting their purchasers […]
June 25, 2015

Disputes with body corporate: Homeowners’ remedies

Trustees of the body corporate of a certain sectional title scheme clamped the wheel of the car of one of its homeowners because he did not […]