Tag Archivesproperty law
neighbour

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

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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Lease Agreement

Lease Agreement- must Lessees vacate a property once it is sold?

Introduction Depending on one’s financial situation and preferred style of living, leasing a property can have its advantages. There are tremendous financial benefits to leasing as opposed to buying a property of your own, but often times Lessees neglect to enquire about their legal position and rights should it happen that property is sold while […]

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Stokvels

Airbnb: subleasing of property and the implications thereof

Introduction The online hosting platform Airbnb has fast become a lucrative source of additional income for many families both in Cape Town and in South Africa in general. However, an increase in regulation in many cities around the world, and no clear position on the matter in South African law has made several Homeowners and […]

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Commercial Court

Property owners not liable for historic municipal debt – what about mortgagees?

In the landmark Judgment of the Constitutional Court in Jordaan and Others vs City of Tshwane Metropolitan Municipality and Others (“Jordaan case”), the Court reviewed the constitutionality of Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (hereinafter referred to as the “Act”). The Court did not declare Section 118(3) of the […]

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