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March 12, 2015

Donations

There are two types of donation, viz. donatio inter vivos (donation between two persons who are both alive) and donatio mortis causa (a donation where the […]
March 12, 2015

Self-defence

In South Africa violent crime has become a massive concern for many who call this wonderful place home, but what can we do about it? In […]
March 12, 2015

Transfer of a property- Is VAT or transfer duty payable?

When an immovable property is transferred, either VAT or transfer duty is payable. To determine whether VAT or transfer duty is payable one should look at […]
March 12, 2015

Capital Gains Tax and the sale of a property

What is meant by Capital Gain? A person’s capital gain on an asset disposed of is the amount by which the proceeds exceed the base cost […]
March 12, 2015

Sellers protection under voetstoots clause limited

Examples of latent defects are a leaking roof or a faulty geyser. It basically includes any defects that cannot be seen with the naked eye. Prospective […]
March 12, 2015

The New South African Immigration Regulations tightens screws for foreign spouses.

This article looks at the New South African Immigration Regulations that came into effect on 26 May 2014 and how they affect a spouse attempting to […]
March 12, 2015

Fixtures and fittings

Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the … ?” […]
March 12, 2015

Succession planning

Owning a business requires careful succession planning which also forms a part of your estate planning as you will need to determine who will succeed you, […]
March 12, 2015

Are restraint of trade agreements always valid and enforceable?

Historically restraint of trade agreements were void and unenforceable unless the employer could prove that it was a reasonable agreement entered into between the parties. Fortunately […]
March 12, 2015

Why is the transfer of my property taking so long?

After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are […]
March 12, 2015

Step by step guide to easy UIF claims

Alice recently lost her job. She is feeling very despondent since she has no income to provide for her family and cover her monthly expenses. She […]
March 12, 2015

How to change your marital status to another form of marriage contract

Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change […]
March 12, 2015

Should you ask for a risk survey from your insurer?

In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure […]
March 12, 2015

Estate agents commission

Selling a home is one of the biggest financial decisions a person can make and an estate agent, to whom commission will be payable, is usually […]
March 12, 2015

Bail or not

People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding […]
March 12, 2015

Private defence of property

The common law provides that an owner may protect his property from harm or damage even though there might not be any physical risk of harm […]
March 12, 2015

What happens after your house has been burnt to the ground?

There are definite steps that a homeowner will need to take if he ever has the traumatic experience of having his house burnt to the ground. […]
March 12, 2015

Publication of untrue statements in the media

Defamation law in South Africa is one of the most debated topics in our legal system, the reason being that South Africa is a democratic country […]
March 12, 2015

A finger in the PIE – Prevention of Illegal Eviction from Unlawful Occupation of Land Act

You own property and have rented it out. The tenant has decided that he can no longer afford the rent, and no letters or threats seem […]
March 12, 2015

Appointment of the Executor of my will

This is a subject which causes more and more discussion and people become more knowledgeable about Executor’s fees and how it is calculated. As mentioned in […]