LegalBriefs

Legal Brief : November 2017

30 October 2017

You decide – for whatever reason - that your neighbour’s new guesthouse is definitely not first prize in your sleepy and peaceful suburb, so you investigate.
Read more

Legal Brief : October 2017

02 October 2017

How does the recent Constitutional Court decision on “historical rates” affect you in practice? At issue was that some municipalities would force new property buyers to pay...
Read more

LegalBrief: September 2017

04 September 2017

If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it?
Read more

LegalBrief: August 2017

01 August 2017

A recent High Court judgment is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property.
Read more

LegalBrief: July 2017

03 July 2017

Here’s yet another reminder from our courts on how important it is – if you want to avoid the trials of litigation – for you to have your property sale agreement drawn up professionally.
Read more

LegalBrief: June 2017

05 June 2017

Hopefully you won’t have to wait 20 years for your new dream home to be built - that’s how long Cheops (ancient Egyptian pharaoh) had to hang around...
Read more

LegalBrief: May 2017

02 May 2017

Levy collections are the life blood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade to junk status.
Read more

LegalBrief: April 2017

10 April 2017

Another warning to do your homework before you buy or develop property comes from a recent High Court decision to set aside a municipality’s approval of building plans.
Read more

LegalBrief: March 2017

01 March 2017

Our laws of defamation are there to help you protect your good name from unlawful attack, and a recent High Court judgment about a defamatory Facebook post is a pertinent reminder of how this protection applies online as well as in the real world.
Read more

LegalBrief: February 2017

09 February 2017

If the dog-next-door’s incessant barking is destroying your quality of life, read on. A recent High Court case illustrates our law’s approach ...
Read more

LegalBrief: January 2017

03 January 2017

In our last article in the series “Choosing the right legal entity for your business” we looked at the partnership option. Let’s move on to the private company option...
Read more

LegalBrief: December 2016

08 December 2016

A recent Pretoria High Court judgment has come to the rescue of property buyers being pressured by the local municipality to pay the previous owner’s debts. But there’s a problem when...
Read more

LegalBrief: November 2016

01 November 2016

It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto...
Read more

LegalBrief: October 2016

03 October 2016

Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development...
Read more

LegalBrief: September 2016

02 September 2016

Whether you are young or old, healthy or ill, single or attached, you should have a Will. Without one, you die “intestate”, which means you forfeit ...
Read more

LegalBrief: August 2016

01 August 2016

You challenge the accuracy of a services account from your local municipality, thus: “Your meter must be wrong, no ways was my cosumption that high".
Read more

Legalbrief: July 2016

01 July 2016

Bad neighbours don’t just impinge on your enjoyment of your property; they can also cause serious harm to its value. So if you notice illegal ...
Read more

Legalbrief: June 2016

06 June 2016

Although in our law most verbal contracts are binding, property sale agreements are an exception. They must be in writing and signed ...
Read more

Legalbrief: May 2016

05 May 2016

For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer check that ...
Read more

Legalbrief: April 2016

05 April 2016

The mere lodging of an objection, however ill-founded, does not trigger an obligation to furnish detailed reasons for the underlying decision relating to the valuation of the property ...
Read more

Legalbrief: March 2016

02 March 2016

Imagine this. You buy your dream house. You take transfer. You book a date for your move with Fred’s Furniture Removals. But when you apply for electricity and water accounts so you can actually move in, your local municipality refuses ...
Read more

LegalBrief: February 2016

03 February 2016

If you are a bank (or other lender), or if you have borrowed money against your property and are facing financial difficulty, you need to know about a recent High Court decision ...
Read more

Legalbrief: January 2016

10 January 2016

It seems as though 2016 has a rough ride in store for us but as the wise old saying has it: “Fortune favours the brave”. Just remember to mix a good dose of realism in with the bravery.
Read more

LegalBrief: December 2015

01 December 2015

Selling or buying a house can seem like a complicated and confusing process but help is at hand! Have a look at this simple overview: “Buying or Selling a House – What You Need to Know” from the Law Society of South Africa
Read more

LegalBrief: November 2015

06 November 2015

30 days – that’s how long a property developer will spend in the local lock-up unless he demolishes illegal building works.
Read more

LegalBrief: October 2015

05 October 2015

What happens if someone is injured or killed, or suffers some other form of loss on your property? Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid.
Read more

LegalBrief: September 2015

02 September 2015

Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will.
Read more

LegalBrief: August 2015

06 August 2015

You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it?
Read more

LegalBrief: July 2015

06 July 2015

For most people, your house is your most important asset. So when you sell it (or any other property for that matter), it is absolutely critical to entrust the process to a conveyancer you can trust to act with both speed and integrity.
Read more

LegalBrief: June 2015

04 June 2015

Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off?
Read more

LegalBrief: May 2015

08 May 2015

What happens if your home is registered in the name of a trust and you get divorced? Do you get a share of the house’s value?
Read more

LegalBrief: April 2015

09 April 2015

In a nutshell, the transfer duty tax breaks announced in Budget 2015 will reduce costs for most middle-income households, but will increase costs of property transactions above about R2,65m (with maximum savings at about the R2m to R2,3m level).
Read more

LegalBrief: March 2015

09 March 2015

Last month we discussed the need for a “non-variation” clause in every agreement you sign, and the dangers of not having one.
Read more

LegalBrief: February 2015

10 February 2015

A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant
Read more

LegalBrief: January 2015

09 January 2015

Here’s another warning from our courts about the dangers of procrastination when it comes to matters of law.
Read more