Blog

“He was a dreamer, a thinker, a speculative philosopher… or, as his wife would have it, an idiot” (Douglas Adams) Note: Although by way of example we explore below the “international wedding” scenario, even if you are South Africans marrying in South Africa you need an ANC. Read on… The Rand’s weakness notwithstanding, many couplesRead more

“You can be a good neighbour only if you have good neighbours” (Howard E. Koch, playwright) You decide – for whatever reason – that your neighbour’s new guesthouse is definitely not first prize in your sleepy and peaceful suburb, so you investigate. You find out that the local municipal zoning scheme doesn’t allow anyone toRead more

“It is declared that, upon transfer of a property, a new owner is not liable for debts arising before transfer from the charge upon the property …” (Constitutional Court Order) How does the recent Constitutional Court decision on “historical rates” affect you in practice? Understanding the issue At issue was that some municipalities would forceRead more

“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – 1. “I’m too young to needRead more

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) A recent High Court judgment is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property. A fight over eviction and a property transferRead more

“In war and litigation, both sides suffer” (old Roman proverb) Here’s yet another reminder from our courts on how important it is – if you want to avoid the trials of litigation – for you to have your property sale agreement drawn up professionally. One thing it must do, as the case in question clearlyRead more

“Cheops’ Law: Nothing ever gets built on schedule or within budget” (Robert A. Heinlein) Hopefully you won’t have to wait 20 years for your new dream home to be built – that’s how long Cheops (ancient Egyptian pharaoh) had to hang around twiddling his thumbs whilst his Great Pyramid of Giza was going up –Read more

MAY 2017 “… the difficulty experienced by bodies corporate in collecting arrear levies is not a novel one. It is part of a ‘socio-economic problem’” (extract from the judgment below) Levy collections are the lifeblood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade toRead more

MARCH 2017 “Diligence is the mother of good fortune” (Miguel de Cervantes) Another warning to do your homework before you buy or develop property comes from a recent High Court decision to set aside a municipality’s approval of building plans. From sea-view balconies to walled-in courtyards A 17-storey inner-city building incorporated residential apartments on itsRead more

FEBRUARY 2017 “Nuisance usually involves repeated infringement of the Plaintiff’s property rights. An objective weighing up of the interests of the various parties, taking into account all the relevant circumstances is required in these matters” (from the judgment below) If the dog-next-door’s incessant barking is destroying your quality of life, read on. A recent HighRead more