C&A Friedlander Attorneys

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 […]

Can you trust your trustee?

THE TRUST As a result of the various benefits for estate planning purposes, the formation of trusts has become increasingly popular in South Africa. It is common that one spouse appoints the other spouse to act as a trustee of a trust, without understanding their responsibilities, duties and obligations arising therefrom. A trust may be […]

Who pays for what?

You have finally found your forever home or perfect investment property, put pen to paper and signed your Offer to Purchase. Over and above the purchase price, the next question for any Purchaser is: “What am I responsible for paying for?” In South Africa, it is the Seller who gets to nominate and appoint the […]

Notarial lease agreements

Lease agreements are contracts entered into between a lessor and a lessee for a specified period of time, allowing a lessee to occupy and enjoy the property for that aforementioned period. Most lease agreements have renewal periods after one year and they do not need to be registered at the Deeds Office. A notarial lease […]