February 6, 2019

DEMOLITION: THE RISK OF HAVING BUILDINGS OR STRUCTURES WITHOUT APPROVED BUILDING PLANS

The risks involved in building on the property without approved building plans for the structures came to the forefront again in the Pietermaritzburg, Kwazulu-Natal Division High Court case of Hibiscus […]
January 9, 2019

HOW DO I TERMINATE WITHOUT THE CO-OPERATION OF THE OTHER JOINT OWNER?

Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains […]
December 6, 2018

MY TENANT FAILED TO PAY RENT: CAN I KICK HIM OUT?

If your tenant has failed to pay his or her rent, it can be tempting to simply kick them out yourself and change the locks. However, do so would be […]
November 14, 2018

Guidelines for Buyers & Sellers

The biggest investment (and most costly) in most people’s life is probably property. For some this can be a complicated and confusing legal transaction. Selling your property is just as […]
October 4, 2018

UNLAWFULLY EVICTED? HERE’S A PIECE OF PIE

Unless the sheriff of the court has evicted you, you should remain right where you are. If anyone else carries out an eviction, it constitutes an unlawful eviction according to […]
September 10, 2018

IS THE ROUWKOOP CLAUSE THE EQUIVALENT OF A PENALTY CLAUSE?

Rouwkoop is a common law concept that can be directly translated as “rue bargain”. If a rouwkoop clause is included in a contract the parties agree that either party or […]
August 2, 2018

WHEN CAN THE MUNICIPALITY DISCONNECT MY WATER AND ELECTRICITY?

The municipality is the place where most, if not all, services are monitored for their availability to a property, and it is the very place that may cut off the […]
July 4, 2018

OCCUPATION, POSSESSION, TRANSFER AND THE PASSING OF RISK IN A PROPERTY TRANSACTION

The terms “occupation”, “passing of risk”, “possession” and “registration of transfer” in a deed of sale have important and different legal consequences for the parties to the contract. The parties […]
May 7, 2018

AM I PREJUDICED BY AN ARBITRATION CLAUSE IN MY BUILDING CONTRACT?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause. This article looks at the advantages of resolving disputes relating […]
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