Conveyancing and Property law

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Holding your conveyancer accountable

The process of selling a house can sometimes be complicated, particularly where the seller of the property has a bond registered over that property and the purchaser will also have a bond registered over the property. But as this case shows, consumers should never allow unsatisfactory conduct to go unchallenged and we should always keep […]

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The role of the municipality in eviction proceedings – Ives v Rajah 2012 (2) SA 167 (WCC)

Section 26(3) of the South African Constitution (Act 108 of 1996) provides that “no one may be evicted from their home without an order of court made after consideration of all the relevant circumstances”. To give effect to this provision in the Bill of Rights, Parliament enacted the Prevention of Illegal Eviction from and Unlawful Occupation of Land, Act […]

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Rezoning ruling highlights the importance of due diligence

In Maccsand v City of Cape Town (CCT 103/11) [2012] ZACC 7 and Minister for Mineral Resources v Swartland Municipality and Others (CCT 102/11) [2012] ZACC 8 (12 April 2012):   According to the press summary of this Constitutional Court judgement, in October 2007 the Minister for Mineral Resources granted Maccsand a mining permit in […]

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Suspensive conditions in contracts of sale of immovable property

When a contract is subject to a suspensive condition, the contract comes into effect only if the condition is met. On a practical level, this can entail a future event such as a deposit payment, securing a loan or even conditions such as graduating from university to receive a bonus payment. Suspensive conditions are commonly […]

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The duties and liability of property management agents – know your rights

Competent property management agents are invaluable in the administration of sectional title schemes and are often the contact point in the relationship between landlord and tenant. Unfortunately, many sectional title body corporates have fallen into financial dire straits and landlords have suffered tremendous losses arising from poor service or inadequate administration by managing agents. <read […]

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