Property law

No-fault breach of lease agreement

This article is intended to deal solely with rental housing provided by the state; and where it is regulated by a lease agreement; and rent has not been paid, due […]

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Are the proposed Community Schemes Ombud Service Practice Directive orders within the Ombud’s jurisdiction?

On 14 March 2023, the Community Schemes Ombud Service (CSOS) promulgated a draft Practice Directive on s 39(7)(b) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act). […]

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Exploring the necessity for clear guidelines in dealing with destruction of homes in sectional title schemes

By Roger Green There can be no more shattering and calamitous event than for one’s home to collapse or be swept away with the loss of all personal belongings. This […]

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Must compliance with management reg 25(1) and (2) of the Sectional Titles Schemes Management Act be pleaded in claims for payment of overdue levies?

By Anton Sean Myburgh In an appeal against a decision of a magistrate’s court in Body Corporate of Kleber v Sehube and Another (GJ) (unreported case no 2021/A3094, 9-11-2021) (Sutherland […]

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A cause for confusion: How the amendment of the Municipal Property Rates Act holds the potential for injustice

By Peter Murray and Alexandra Botha Municipalities essentially have one source of income: Property taxes (also known as ‘rates’). From the perspective of the payers of rates, the budget of […]

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The Property Practitioners Act: How can it assist you?

The Property Practitioners Act 22 of 2019 (the Act) came into operation on 1 February 2022. It has replaced the Estate Agency Affairs Act 112 of 1976. The Act has […]

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The evolution of digital signatures: Does wet ink still hold water in the sale of immovable property?

By Stefan Le Roux and Celine Bakker When the Alienation of Land Act 68 of 1981 (ALA) was drawn up in 1981, the question as to what could possibly be […]

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Why should you care about cession clauses in lease agreements?

When a lessor and a lessee enter into a lease agreement, there are rights and duties that arise from the agreement. The general rule is that rights arising out of […]

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Section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act – why calendar days and not court days

It is trite that in order to evict unlawful occupiers from property used for residential purposes, the procedure as contemplated in the Prevention of Illegal Eviction from and Unlawful Occupation […]

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Has the court’s jurisdiction in community scheme matters been ousted by the Community Schemes Ombud Service?

By Lisa Mills The vexed question of concurrent jurisdiction frequently arises, whether it be concurrent jurisdiction of two different courts, or the jurisdiction of special bodies created by statute and […]

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