Property law

The voetstoots clause – should latent defects be disclosed in property sales?

By Madeleine Truter Many disputes have arisen from the fact that purchasers and sellers of property do not understand what the voetstoots clause means. The term voetstoots is a Dutch word, […]

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Land restitution: Lawful occupiers right to just and equitable

South African Riding for the Disabled Association v Regional Land Claims Commissioner and Others (CC) (unreported case no CCT 172/16, 23-2-2017) (Jafta J) (Nkabinde ACJ, Cameron J, Froneman J, Khampepe […]

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Real estate mediation – stop the costs before they get to court

By Craig Berg Mediation is an alternative basis for resolving disputes, and in this article, I will focus on the value and advantages of mediation in commercial and residential real […]

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Demanding your interest – a new era for sectional titles

By Tertius Maree A new era for sectional title schemes, in fact for ‘community schemes’ was introduced on 7 October 2016 with the publication (GN R1231 GG40335/7-10-2016) of the regulations […]

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Addendum to ‘Step-by-step guide to residential housing eviction proceedings in the magistrate’s court’

By Lebogang Raborife-Nchabeleng The Magistrates’ Courts Rules do not compel a procedure differing from the High Court in eviction proceedings. Theart and Another v Minnaar NO; Senekal v Winskor 174 […]

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Having a slice of PIE – understanding the Act

  By Mohammed Moolla The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) came into operation on 5 June 1998. PIE was promulgated […]

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Evictions – a sad reality in South Africa

  By Madeleine Truter South Africa’s history is one where the majority of people have been deprived of land, and have experienced a lack of access to housing. Our Constitution […]

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Too quick to execute – how does SA’s new rules on sale in execution compare internationally?

By Douglas Shaw In January, the Rules Board submitted new rules for comment on the execution of immovable properties, an area of law where South Africa’s (SA) laws badly lag […]

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The sins of the fathers: Termination of supply and execution against immovable property for a prior owner’s debt

By Chantelle Gladwin and Sean Piveteau This article deals with instances when a municipality is entitled to disconnect and/or refuse to reconnect the supply of services to purchasers of properties […]

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Step-by-step guide to residential housing eviction proceedings in the magistrate’s court

By Tamara Klos In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from […]

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