Property law

Unlocking the door to reserve prices in sales of execution

On 22 December 2017, r 46A of the Uniform Rules of Court (Uniform Rules) was amended to provide, inter alia, for a discretion for courts to set a reserve price […]

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Parking in sectional title schemes

By Raymond Meyer In my experience as a conveyancer, since the early days of sectional titles schemes, and also as an owner, parking and more particularly, the use and abuse […]

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Are tenants being robbed of their rental deposits?

One of the biggest problems that a tenant is faced with when looking for property to rent, is paying the security deposit. Whether it is for residential or commercial purposes, […]

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Finding legal support in an overused term: Reconsidering the term ‘community’

In our earlier article ‘Revisiting the term “community” in the South African context’ 2018 (Dec) DR 18, we offered an account of the term ‘community’ in Western society and argued […]

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Mortgage of immovable property – a first step to alienation?

  This article was first published by Mr Abercrombie and Ms Johaardien in 2011 (March) DR 26. The Editorial Committee has agreed to re-publish the article due to the publication […]

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A look at the effective cause requirement with estate agent commission

In terms of South African law of agency (Basil Elk Estates (Pty) Ltd v Curzon 1990 (2) SA 1 (T)), before estate agents can be entitled to a commission for […]

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Calculating the levying of municipal property rates

If you are a business, residential or agricultural property owner, you will know that you are billed for certain municipal charges on a monthly basis among others, property rates. This […]

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Another attack on attorneys by the estate agency industry?

There appears to be a perception in the real estate agency industry that it should control the entire supply chain in a property transaction. That is, from accepting a mandate, […]

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Simultaneous or separate: A relook at Absa v Mokebe and the provision for hearing monetary judgment and executability applications simultaneously or separately

The execution process in South Africa (SA) has always followed five simple steps, namely – sending a letter of demand; serving a summons; granting a monetary court order; obtaining a […]

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Balancing the landowners’ right to evict with the unlawful occupiers right of access to adequate housing and the government’s legitimate interest therein

In the pre-constitutional dispensation, the court could grant an eviction order without considering the risk of homelessness to the evictees. This was possible because there was no constitutional right of […]

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