October 8, 2018

DO I NEED A COHABITATION CONTRACT WITH MY PARTNER?

Cohabitation is a relationship between two people who choose to live together in a monogamous and stable environment. Couples who decide on cohabitation could do so, prior to getting married, […]
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

THE BASICS OF CREATING A LAST WILL & TESTAMENT

Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided […]
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 […]
April 4, 2018

THE OBLIGATION TO AVOID A DANGEROUS SITUATION ARISING ON PROPERTY

As noted in a previous newsletter, a property owner is obliged to take reasonable precautions to avoid the possibility that other people may be injured or suffer damages as a […]
March 12, 2018

THE RIGHTS OF A DOMESTIC PARTNERSHIP

Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the different legal […]
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