Tag Archivesproperty law in south africa

Neighbour law: what constitutes a nuisance

Introduction Today one often hears of complaints of nuisances to one’s property whether residential or commercial. However, what exactly does the law recognize as a nuisance, and what are the possible remedies available? This article will briefly explore what constitutes a nuisance and the requirements. Definition A nuisance can be defined as any form of […]

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Lost or Destroyed Title Deeds

Property law in South Africa : Voetstoots rehashed – what about building plans?

In terms of property law in South Africa, many disputes have arisen from the fact that purchasers and sellers of properties do not understand what the voetstoots clause actually means. To buy “voetstoots”, means that the buyer is buying the property “as it stands”. In other words, with defects and all. Naturally this situation is […]

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Withholding tax when dealing with a non-resident seller

Generally speaking, capital gains tax is normally payable on the proceeds of sales of immovable property. However, the enforcement and payment of this have proven problematic, particularly when sales of immovable property concerns non-residents. From the South African Revenue Services’ (“SARS”) perspective; it has been always been extremely problematic to ensure proper and fair compliance […]

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Property law South Africa: The right of the municipality for arrear rates and services

The decision handed down by the Supreme Court of Appeal in City of Tshwane Metropolitan Municipality v PJ Mitchell (hereinafter “Mitchell”) has turned property law in south Africa and the industry on its head. This judgement relates to the interpretation of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 as amended. […]

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