Conveyancing and Property law

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What happens when your attorney pays your money to the wrong person?

Cybercrime can be described as a criminal activity that involves a computer and the internet. Cybercrime involves many criminal activities and this article aims to explore cybercrime in the legal profession and the implications thereof by taking a look at the High Court case of Fourie v Van der Spuy and De Jongh Inc. and […]

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capacity

The Electronic Deeds Registration Systems Act: aims and objectives and does it bring change?

Introduction   On Thursday, 3 October 2019, the Electronic Deed Registration Systems Bill was signed into law after having been tabled in Parliament in 2017 and subsequently sent to the President for assent in March 2019. This article aims to explore the aims and objectives of the Electronic Deed Registration Systems Act (the “Act”) and […]

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Property Practitioners and Stakeholders take note!

On Wednesday 2 October two pieces of legislation were signed into law by president Cyril Ramaphosa that directly impact the property industry. One is the Electronic Deeds Registration Systems Bill which will see the development of an electronic deeds registration system (also known as e-DRS) which is expected improve the turn-around time for providing deeds […]

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Probation

The offer to purchase is a binding agreement!

Introduction The purchase of property, especially for first-time buyers, may seem riddled with legalities and leaves the buyer with many questions around their rights, what they are entitled to ask and uncertainty about their responsibilities to the seller.  Understanding the impact of the offer to purchase on the transaction will ensure that the buyer feels […]

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Class Action

Unpacking the Mandament of Spolie

Introduction   The mandament van spolie (also known as the spoliation remedy, or the mandament) is an ancient remedy available to any person who is dispossessed unlawfully without a court order, or authorizing legislation for the dispossession, or consent.  Very basically, there are (generally speaking) two requirements that a dispossessed person needs to prove in order […]

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