September 26, 2019
Duties of a reasonable driver: Among the duties of a motorist are: to keep a proper look-out, drive at a reasonable speed, observe the rule of […]
September 26, 2019
There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a […]
September 26, 2019
All marriages entered in terms of Islamic law, are currently not recognised as valid marriages. For a valid marriage to be recognised in South Africa one […]
July 17, 2019
Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are people out there who have invested in real […]
July 17, 2019
For a long time, the Compensation for Occupational Injuries and Diseases Act, better known as COIDA, has provided compensation to employees who were injured on duty […]
July 17, 2019
It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves […]
June 13, 2019
The Children’s Act, 38 of 2005 (hereinafter referred to as the Children’s Act) governs the laws relating to the care, contact and the protection of children. […]
June 13, 2019
A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your […]
June 13, 2019
Choosing to live in a secured residential estate in South Africa is becoming ever more popular with South Africans. Entering your estate whilst security guards watch […]
June 13, 2019
Non-Refundable or Forfeiture Clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, […]
May 17, 2019
What one’s neighbour builds on their property, is not something the owner of the neighbouring property has a lot of control over. Unfortunately, it can have […]
May 17, 2019
One of the grey areas in rental and sales agreements is the question whether certain fixtures to properties are regarded as part of the immovable property […]
May 17, 2019
During 2018, the African National Congress (ANC) announced its intention to drastically speed up the land reform process in South Africa when President Cyril Ramaphosa announced […]
April 17, 2019
The idea of freedom of testation is a core value of South African law and enjoys wide protection. The Maintenance of Surviving Spouses Act, 27 of […]
April 17, 2019
All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only […]
April 17, 2019
As of 1 April 2019, the Small Claims Court Jurisdiction has increased from R15 000 to R20 000.There are 414 small claims courts in South Africa, […]
March 12, 2019
My husband and I have two minor children. I am concerned about who will look after our children in the event of my husband and I […]
March 12, 2019
Given the complicated nature of divorce proceedings, and the length of time required to finalise a divorce, the existence of interim relief until the date of […]
March 12, 2019
Private schools in South Africa are essentially autonomous in how they govern and operate. But does this entitle private schools to operate to such an extent […]
March 12, 2019
There is no doubt that 2018 was a very challenging year for both the economy and the property market. As 2019 is in full swing, you […]
November 27, 2018
Cannabis has historically been criminalised in South Africa. It has, until recently, been a criminal offence to possess, cultivate or use cannabis. However, this position has […]
November 27, 2018
Recently the Western Cape High Court delivered judgement in the Noella Kabunda Luanga v Perthpark Properties Ltd case specifically relating to section 5(5) of the Rental […]
November 27, 2018
Many clients are advised to make use of a testamentary trust while attending to their estate planning and one of the most asked questions relates to […]
November 27, 2018
DOES AN ESTATE AGENT HAVE A DUTY TO DISCLOSE A MURDER OR SUICIDE WHEN SELLING OR LEASING A PROPERTY?
In terms of the Estate Agency Affairs Board’s Code of Conduct, an estate agent is compelled to disclose all facts which are, or should reasonably be, […]
October 22, 2018
Normal procedure in an opposed divorce: Divorce proceedings can lead to a long, drawn-out and very expensive procedure if the parties are not able to reach […]
October 22, 2018
It is standard practice today for landlords to rent out properties on fixed term contracts (most common being 1 year contracts) and to use either attorneys […]
October 22, 2018
If you consider leasing out your property, it is important not to overlook any requirement and expectations you may have of the incoming tenant. A basic […]
September 20, 2018
As a constitutional right, everyone should have access to clean water. Even during a water crisis. In cases where there is a signed agreement between a […]
September 20, 2018
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 […]