Should sellers provide approved building plans when selling property?
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 absent, the property owner would be committing a statutory offence. Once signed by both parties, an offer to purchase becomes […]
Exercise of rights and obligations under a praedial servitude
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 from his or her right of ownership over and in respect of his or her property which he or she […]
Domicilium Citandi Et Executandi in South African law
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 could happen if you agreed to a domicilium address without notifying other parties about a change therein when you […]
Intending to buy a state-funded house? Here’s what you need to know
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 resources. The government introduced the Reconstruction and Development Programme (RDP) as its social housing programme to provide low-income families with […]
The ABCs of lease agreements in South Africa
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 tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Will-stipulated purchase option: Are there transfer duty impacts?
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. This article intends on discussing the beforementioned implications at the hands of the case of Secretary for Inland Revenue v […]