Tag Archivesproperty law

Can sureties escape liability?

Introduction In a difficult economy, it is seemingly more and more common that commercial agreements require a personal surety from one or more of the directors of a company and often that friends or family seek the assistance of someone to act as surety for credit agreements. Often person’s don’t understand the implications of agreeing […]

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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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nominated and selected subcontractors

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, […]

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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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