eThekwini Municipality v Mounthaven (Pty) Ltd: Registering a re-transfer clause in a deed of transfer at the deeds registry does not change the fact that it remains a personal right.
All zoning decisions lie within the competence of the municipality, therefore building plan approvals are not reviewable by the National Building Regulations Review Board.
In a recent court case the Registrar of Deeds was held liable for damages for negligently transferring immovable property when the deeds ought to have been rejected.
Lease: National Building Regulations and Building Standards Act – lease agreement not invalid and unenforceable by ss (4)(1) and 14(1), read with s 4(4) and s 14(4)(a) of the Act.
Jack Crook discusses a recent case in which disgruntled neighbours approached the courts to have a neighbouring guesthouse closed down.
Is a pre-emptive right in a written lease renewed automatically when it's extended, and if so does it need to comply with the formalities of the Alienation of Land Act?
Jack Crook discusses a recent case about a dispute involving an HOA as to whether or not Telkom was obliged to share its ducting facilities for fibre with Vodacom.
Bondev: Conditions in title deeds for property to be re-transferred back to a developer in certain circumstances are personal, not real rights, capable of prescription.
An overdue decision: s2C(1) Wills Act: definition of a surviving spouse includes spouses in marriages concluded according to Muslim rites – Constitutional Court to confirm.