PROPERTY LAW ARTICLES
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Building Plan Disclosure in South African Property Sales: Legal Obligations and Implications
Introduction: When engaging in property transactions in South Africa, the spotlight typically falls on essential contract terms such as party capacity, property description, and purchase
Pillay v Moonsamy: Encroachment and Removal of a Roof
This article examines the case of Pillay and Another v Moonsamy and Another heard in the Kwazulu-Natal High Court, Durban. Introduction to Encroachment Law Encroachment
Ensuring Gas Safety: SAQCC Gas Certification for Property Transfers
Introduction: When it comes to properties equipped with gas installations, ensuring safety is paramount. Gas compliance certificates are crucial for property transfers to confirm that
Joint Ownership Termination in Family Disputes: Britz v Sequeira Case
Introduction: Joint ownership of property, especially within families, is a common arrangement. However, what happens when the relationship sours and the co-owners can’t agree on
Consequences of Withholding Knowledge of Property Defects: A Cautionary Tale for Sellers
The Property Practitioners Act 22 of 2019 (the Act) mandates sellers to disclose defects in a property to potential buyers. Failure to disclose known defects,
Understanding Personal Servitudes: Rights to Use and Enjoy Others’ Property
In legal terms, a personal servitude refers to the right granted to a specific person (known as the holder) to utilize and enjoy someone else’s
Co-owing your house
A client asked what she should do about a house she and her life partner bought together. There is a bond over the property, and
Can foreigners buy property in South Africa?
A non-resident asked me if he could buy property in South Africa. Favourable exchange rates and a world-renowned deeds registration system have encouraged foreigners to
The new Property Practitioners Act
The Property Practitioners Act came into effect on 1 February 2022. The Act provides, amongst other things, for the regulation of property practitioners, transformation of
When can a landlord evict a tenant?
Under the lockdown provisions (contemplated by the Disaster Management Act) “A person may not be evicted from his or her land or home or have