Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Subdivision and Consolidation of Land
Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]
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 […]