Property law

Municipalities have a hypothec over debts for rates

By Tshepo Mashile The Supreme Court of Appeal interprets the provisions of s 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (the Act) in an important judgment […]

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Unpacking the Rental Housing Amendment Act 35 of 2014

By Kgopotso Bapela and Philip Stoop The Rental Housing Act 50 of 1999 (the Act) came into force on 1 August 2000. This Act regulates the relationship between landlords and […]

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Rest in peace: The occupiers right to bury on farmland

By Thabiso Mbhense This is one of the thorny issues between the owners of farms and occupiers of farms in South Africa. On the one hand, land owners feel that […]

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‘Paws’ before signing on the dotted line

Body corporates and the keeping of pets in sectional titles By Adam Civin and Ramon Pereira Recent research by Global Research company, Euromonitor, estimates that over nine million dogs are […]

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The recovery of body corporates’ legal costs

By Albert Reinecke It happens every day: A body corporate (or home owners’ association) institutes action against one of its members for account arrears, and simply levies the attorney’s presented […]

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Who is in charge? Power struggle between the developer and body corporate

By Marina Constas Legal representatives acting on behalf of developers in opening sectional title registers display a fair amount of dexterity when faced with what could be thought of as […]

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Does ESTA still protect occupiers of farm land in South Africa?

By Thabiso Mbhense Is para (c) of the definition of ‘occupier’ under the Extension of Security of Tenure Act 62 of 1997 (ESTA) consistent with the provisions of the Constitution, […]

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Ubuntu in eviction cases

By Michal Johnson In the case of Resnick v Government of the Republic of South Africa and Another 2014 (2) SA 377 (WCC) the Western Cape High Court considered the […]

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Eviction – need for a way out

By Christo Smith The Supreme Court of Appeal, in the matter of City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others 2012 (6) SA 294 (SCA) set guidelines […]

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Protecting preferent creditors: Setting a reserve or obtaining consent?

By Rouan J Bouwer In a recent unreported judgment of Terence Christopher Demetriou and Another v Sheriff of the Magistrate’s Court: Alberton and Others (GSJ) (unreported judgment no 2012/43269) (26-4-2013) […]

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