Application of the legitimate expectations test: when sufficient derogation in value will disqualify a building application under s 7(1) of the Building Standards Act.
What right do nearby landowners have to challenge compliance with municipal planning by-laws when they were not enacted for their benefit?
Does ownership of half share in immovable property vest immediately in a spouse upon granting of divorce order or through transfer by way of endorsement?
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?