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 […]
Conveyancing and Property law
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Challenging the Voetstoots Clause by seeking relief in terms of the Aedilitian Remedies
Introduction A defect is considered latent if it was not visible or discoverable upon reasonable inspection and the Purchaser was unaware of the defect. Though a latent defect may be present, it may not always amount to a breach of contract and the Seller in most instances remains victorious when the Purchaser wishes to cancel […]
Constitutional Court rules that Municipalities should not approve building plans which will devalue your property
Introduction Land and property development has been on the lips of every South African, with every person from any segment of the country trying to gain interest or protect their interests in property. The notion of owning and having access to land is at the core of identity for many South Africans. It represents achievement, […]
Overview of the Property Practitioners Bill
Introduction The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what […]
Overview: Transfer of Immovable Property in a Deceased Estate
Introduction It is common for people to become registered owners of Immovable Property during their respective lifetimes. However, what happens to the Immovable Property when these individuals pass away? In South Africa, when the registered owner of Immovable Property has died, his/her property will need to be transferred to another person. Most registered owners die […]
