Tag Archivesconveyancing
sale in execution

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 […]

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Transfer of Immovable Property in a Deceased Estate

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 […]

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Multiple Offers

Multiple Offers – Can the Seller cancel an Offer to Purchase upon receiving a better offer?

Introduction In South Africa, the transfer of Immoveable Property is governed and regulated by legislation to ensure that all Parties to a transaction are protected. In terms of Section 2 of the Alienation of Land Act No. 68 of 1981, as amended, no alienation of land shall be of any force and effect unless it […]

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Lost or Destroyed Title Deeds

Lost or Destroyed Title Deeds – Amendment to Regulation 68(1) of The Deeds Registries Act 47 of 1937

  Introduction  The question of whether an individual can dispose of their Immoveable Property if they are no longer in possession of the original Title Deed was briefly discussed in my article published on the 14th of January 2019 If a Title Deed has been lost or destroyed due to circumstances beyond control, Regulation 68(1) […]

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deposit

Jordaan And Others V City Of Tshwane Metropolitan Municipality And Others – Municipalities can no longer charge new owners for the debts of previous owners

On 29 August 2017, the Constitutional Court handed down judgment in an application for confirmation of an order by the High Court in Pretoria. The issue to be decided, was the meaning and constitutional validity of Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (hereinafter referred to as the “Act”). This […]

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