Blog

“Forewarned is Forearmed!” (Wise old saying) Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt,Read more

“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractualRead more

You put your property on the market and an acceptable but not-perfect offer comes in. On the “a bird in the hand is worth two in the bush” principle you want to accept the offer even though it’s not ideal. Perhaps it’s not perfect because it’s subject to a suspensive condition – common ones giveRead more

UPDATE: Relax, the 25 February deadline has fallen away! Since publication of this article on 1 February, the Chief Registrar of Deeds has advised that “… the Deeds Registries Regulations Board at a meeting on 19 February 2019, resolved to suspend the implementation of the amendments to regulation 68, as referred to above, until further notice.”Read more

The monetary jurisdiction of Small Claims Courts has been increased from R15,000 to R20,000 from 1 April 2019.  Not all claims can be pursued in a Small Claims Court – Claims over R20,000 must be pursued in the ordinary courts (you can if you like reduce a larger claim to the R20k to avoid havingRead more

“The one thing that unites all human beings, regardless of age, gender, religion, economic status, or ethnic background, is that, deep down inside, we all believe that we are above-average drivers” (humourist Dave Barry)  AARTO (the Administrative Adjudication of Road Traffic Offences Act) has been partially in force for years, but its demerit provisions have beenRead more

“You can be a good neighbour only if you have good neighbours” (Howard Koch, “Invasion from Mars” author) Your neighbours apply to the municipality for approval of building plans. You object strongly – if allowed, you say, the new building/addition/alteration will seriously impact on your property’s appeal and value. It will be unsightly and objectionable.Read more

“Ignorance is Bliss Dangerous” (Internet meme) Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay. If however the loss was caused by your animal/s, you are in aRead more

“It is the duty of an employee when rendering his or her services always to act exclusively in the interest of the employer … an employee is not entitled to use his or her employment relationship with the employer without the employer’s permission to make a profit or earn commission for his or her ownRead more

“Animosity and difference of opinion are not sufficient to have a trustee removed from office and/or for the majority of trustees to unilaterally force another to vacate his/her office…” (Extract from judgment below) When family infighting impacts a family trust, an early casualty is often the relationship between the appointed trustees and beneficiaries, and/or betweenRead more