Broaden Your Knowledge

If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development...

Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts....

People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena”, which states that they should attend and...

A common trend in commercial contracts is the inclusion of a mediation and/or arbitration clause. As a general point of departure, these clauses require the parties to the contract to refer any dispute arising from...

With the vast majority of homes being financed through the country’s biggest banks, the popular online debate around who owns a mortgaged home in South Africa continues.While some would argue that the bank owns your...

Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement...

The wrong tenant can have a lasting negative effect.The residential property industry continues its upward trajectory, and investors are getting in on the action. However, with the rise of investors choosing to take advantage of...

South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA)...

Ignoring a court order in South Africa is a serious matter that can lead to significant legal consequences, including being held in contempt of court. This article explores what happens when someone chooses to disregard...

When one thinks of a will, the first thing that comes to mind is probably a last will and testament. This type of will expresses a person’s wishes after they have died.However, a living will,...

Understanding the real estate market is crucial when buying or selling a property. The market's current favour, whether for buyers or sellers, significantly impacts your decisions and strategies. Buyers’ market: When the real estate market leans towards...

In South Africa, an antenuptial contract (ANC) is a critical legal document that determines the matrimonial property regime of a marriage. While the online creation of ANCs offers convenience and cost-effectiveness, there are significant factors...

In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse's welfare and protecting...

The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South Gauteng High Court, in the matter Strauss vs Strauss and Others. The plaintiff instituted action claiming...

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures...

The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when a user passes away? Research by Carl J. Öhman, a...

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies...

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He states that these reasons or aims are similar worldwide...

Regardless of socioeconomic background, all South Africans will have access to high-quality medical care through the National Health Insurance institution, which finances healthcare. As a result, all South Africans would have free access to high-quality...

When considering the purchase of a unit within a complex, it's crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The...

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July...

The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which...

In South Africa, the Rental Housing Act lays out important dos and don'ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience...

The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse's estate upon the marriage ending due to death. This claim lasts until the survivor's death or...

Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints to boundary issues. Understanding the legal avenues available can...

In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1:...

The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire to revoke their will and draft a new one....

Managing a deceased estate can feel overwhelming, like a puzzle with too many pieces. At CMM Attorneys, we're here to simplify this process, offering clear guidance and support to lighten your load during a tough...

Navigating the world of property law can be a bit daunting, but with CMM Attorneys, you have a knowledgeable ally on your side. Understanding property law is crucial, as it encompasses all assets forming part...

In the framework of South African law, tenants enjoy a substantial degree of protection. However, landlords retain the right to legally evict tenants under certain conditions. A tenant who breaches their lease agreement may be...

Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should...

A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an...

As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike began after the historically low rates experienced in 2020,...

This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title...

The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building plans for the construction, alteration, or conversion of a building. Consequently, if approved plans are...

Uncover the truth about driving under the influence (DUI) in South Africa. Learn about the strict laws, legal limits, and severe penalties for offenders. Find out how to estimate your blood-alcohol concentration and make responsible choices...

A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s property or to insist that such other person shall refrain from exercising certain entitlements following...

How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this...

The Constitution of South Africa enshrines the right of everyone to have access to adequate housing. This places a mandatory duty on the state to achieve this right for all South Africans through its available...

At CMM Attorneys, we believe in more than just offering traditional legal services. We recognise the dynamic nature of the modern world and the need for legal solutions that evolve with it. By seamlessly integrating...

The purchaser signs an agreement of sale with the seller. The property is transferred into the purchaser’s name. A month later, there is heavy rainfall and they realise that the roof is leaking. Is the...

The Trust Property Control Act, a key piece of legislation governing South Africa's trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This...

A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and...

Life is unpredictable, and while we don't like to dwell on it, death can come without warning. With this uncertainty, it's essential to ensure you have a solid plan for your assets, ensuring they reach...

Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding how a deceased estate will be administered. To shed...

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and...

I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as to how I should go about signing the Will....

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some...

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of...

Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware of the transfer duty implications such provision might bring forth....

It’s our birthday! Today we are so thankful and excited to share our 10th birthday with you, our loyal clients. It’s because of our relationship that we are here bringing out the silver streamers. Looking back...

A winter wedding holds a unique charm, offering the opportunity to embrace the season's enchantment and create a memorable celebration. From creating a cosy ambience to ensuring the security of your future, there are various...

Analysing the affordability of SA’s residential property market South Africans continue to tighten their belts as the pressure of rising interest rates, inflation, and other varying economic factors put household income under strain. This puts the affordability...

Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may have certain questions regarding the application process to obtain...

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear...

First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs...

Many of us are still recovering from the harsh effects of the Covid-19 pandemic. Some of us are faced with the issue of not being able to meet our financial obligations. One such obligation could...

Should a land owner obtain an eviction order prior to the removal of informal settlement structures erected unlawfully, and without the land owner’s consent, on his or her private property? When living in South Africa,...

Real estate transactions can be complex and challenging, often presenting clients with a range of obstacles to overcome, from legal complexities to time constraints and negotiation hurdles. However, with the expert guidance and support of...

In South Africa, "air rights" are typically understood to be development rights that are approved for walkways, bridges or other constructed crossings over roads. These also include shared borders or public spaces, and frequently come...

Tips for landlords when their tenant does a disappearing act. Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid...

This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei...

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees...

There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own...

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair...

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees...

Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be complied with, so you can make sure you do...

The upfront investment is high, which you’ll want to recover when you sell. Stage 6 loadshedding is now firmly in effect, many South Africans are without power for up to 12 hours each day, and the...

A servitude can be described as a limited real right that can either provide the holder with the use and enjoyment of another person’s property or restrict the person, with the right of ownership, to...

In 2018 the National Consumer Commission (NCC) investigated the vacation ownership and time-share industry after various consumer complaints were submitted to the Consumer Protection Tribunal. [1] The majority of the complaints received and raised during the...

Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily...

Scenario: Assuming the divorcing parties enter into a parenting plan in respect of their children which contains the following clause: “If the parties are unable to reach an agreement on any major joint decisions in...

Bigger deposits mean a smaller loan and a better interest rate. Rising inflation and several interest rate hikes have many South Africans trying their best to keep their costs down where possible, and this has also...

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some...

The Rental Housing Amendment Act[1], section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, inspect the dwelling for any defect and damage. It...

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of...

First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs...

The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The circumstances warranting such a suspension differ from case to...

Substitution or Discharge of a Maintenance Order The Maintenance Act confers on Maintenance Courts the power to vary or discharge maintenance orders including maintenance orders made by the High Court. Spousal Maintenance In terms of section 8 of...

This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed....

The sale of a business is often a complex venture and requires consideration of various facts in examining the financial reality behind the sale. From the outset, it is important to consider historical transactions and...

Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of  Section 38 of...

The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there...

Nearly 24 000 divorce forms were submitted in 2019 and divorce rates decreased year-on-year since 2017, Stats SA revealed in its latest report on marriages and divorces released in 2021. The numbers further illustrate a decrease...

A mother and an adult child were appointed as the co-executors of their late husband/father’s estate. One co-executor, who wanted to sell their family home, signed a sale agreement without the consent of the other....

When you cancel your mortgage bond, most banks will contractually charge you a cancellation fee. Such fees can be for early termination of the bond or for giving less than 90 days’ notice of your...

South Africa’s triple threat of load-shedding and the dramatic increases in fuel along with inflation have left many of the country’s small and medium enterprises in dire straits at a defining crossroads: do they continue...

A landlord who has multiple commercial properties, which are rented out to businesses, has one longstanding tenant who is going under financially and has two years left on the rental agreement. Is the law cut...

With the onset of the Covid pandemic, commercial rental properties saw a staggering increase in remission claims of lessees who could no longer actively enjoy the use of their rental spaces. But can a lessee...

There was a time when a business’s sole objective was to turn a profit at the end of the day. That’s not the case anymore. Today, a business’s responsibility to its employees and the community...

In a recent judgement of the Johannesburg High Court, the court proved that it was willing to go to extreme lengths to help recover maintenance that had fallen in arrears. The applicant in the case was...

Even as a sense of normalcy is returning to our lives, homeowners and body corporates are still coming face to face with the continued effects of the pandemic. With financial strain continuing to darken the...

During the administration of a deceased estate, the bank accounts of the deceased are frozen to establish the solvency of the deceased’s estate. This is a lengthy process even if a valid will is left...

Letting real estate seems like a sure-fire way to make an income as a real estate owner, but the possibilities come with certain considerations. The simple fact is that not every property (or every owner)...

Antenuptial contracts (ANCs) – those lovely documents that mark the peak of romantic frivolity just before marriage. Well, maybe not for most. But ANCs are a vital part of what keeps the romance safe during...

Phishing scams have become a part of our everyday digital lives, but even though the risks have become ever-present, awareness hasn’t increased in equal measure. The worst part is that even when you were the...

Believe it or not, verbal agreements are still valid, enforceable, and legally binding contracts that can be relied on to govern legal relationships. Though there may be a few exceptions and key aspects that must...

Buying your first home is one of the benchmarks in every person’s life. Whether it’s a small apartment to rest in after a day’s work, a home to raise a family in, or a studio...

We all know that the will forms a vital part of the estate planning foundation. It is unfortunate then that the foundation of a deceased estate is so often left crumbling due to simple oversights...