Tag Archivesproperty

The Voetstoots Clause

All too often individuals buy property with the expectation that they have just found their perfect home, only to later realise that there are hidden ‘skeletons’ buried therein just waiting to make an appearance at some point. Sometimes those skeletons rear their heads and bodies soon after the individual takes residence, other times, long after. […]

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Property Practitioners and Stakeholders take note!

On Wednesday 2 October two pieces of legislation were signed into law by president Cyril Ramaphosa that directly impact the property industry. One is the Electronic Deeds Registration Systems Bill which will see the development of an electronic deeds registration system (also known as e-DRS) which is expected improve the turn-around time for providing deeds […]

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Probation

The offer to purchase is a binding agreement!

Introduction The purchase of property, especially for first-time buyers, may seem riddled with legalities and leaves the buyer with many questions around their rights, what they are entitled to ask and uncertainty about their responsibilities to the seller.  Understanding the impact of the offer to purchase on the transaction will ensure that the buyer feels […]

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Prescribed Debt

Customary Law of Succession – Women’s rights to inherit property

Traditionally, women have been denied rights to property under the South African Customary Law of Succession as women were under the guardianship of the male in the family and did not have the legal capacity to either own or acquire property. The customary rule was that succession is governed by the principle of male primogeniture, […]

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Copyright Amendment Bill

Take note of the new Property Practitioners Bill

On 31 March 2017, the Department of Human Settlements has published the Property Practitioners Bill (hereinafter referred to as “the Bill”) in Government Gazette 40733 (Notice Number 246) for public comment.  The Bill is designed to regulate property practitioners and will repeal the current Estate Agency Affairs Act No. 112 of 1976. In the Bill, […]

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