Legal vs. Constructive Eviction: What Every Landlord Must Know
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 evicted for reasons including, but not limited to, rental arrears, refusal to leave post-lease expiration, illegal activities on the premises, […]
The creation methods of servitudes in South Africa
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 exercise certain entitlements that stem from such an ownership right. It, therefore, provides someone with an advantage over another person’s […]
Landlord and Tenant Inspections
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 further determines that the same procedure must be followed when the tenant vacates the property, and this inspection must be […]
Lost your original title deed?
What do you do?
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 Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
Is it possible to avoid bond cancellation costs?
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 intention to cancel, but is there a way to avoid these costs? Unless your mortgage agreement is silent on the […]
Understanding conveyancing fees and what you’re paying for
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 apartment that allows you to tap into your creativity, your first home is a landmark from which the rest of […]
How will the property practitioner’s act affect you?
The Property Practitioner’s Act is finally here. Signed into law by Pres. Cyril Ramaphosa in 2019, the PPA finally came into effect on 1 February 2022, replacing the Estate Agency Affairs Act of 1976. The PPA is aimed at the further transformation of the property sector and increased consumer protection. Henceforth, the PPA’s regulations will […]