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Law Reports

Don't touch my ducting

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.

Law Reports

Bondev

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.

Law Reports

Moosa v Harnaker

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.

Law Reports

Jordaan v City of Tshwane

Jordaan and Others v City of Tshwane Metropolitan Municipality and Others: Section 118(3) is constitutional -  but buyers are not liable for seller's historical municipal debts.

Law Reports

Not worth the paper

Jack Crook highlights how essential it is to comply with all necessary formalities when entering into agreements, particularly when dealing with the sale of property.

Law Reports

PIE Problems with tenants

Properly applied, PIE should only delay or suspend a landowner’s full property rights until it is just to evict unlawful occupiers and how - Jack Crook reports.

Law Reports

Beware the bond clause

A bond clause offers standard protection to the buyer and is suspensive, it must be drafted precisely to avoid any room for argument - Jack Crook reports.

Law Reports

Amber Mountain

Amber Mountain Investments: a seller is liable for a property's rates only up to the date of transfer and therefore a clearance certificate can't be withheld once paid.

Law Reports

Rights to views and privacy

Jack Crook highlights a recent High Court decision which once again reminds buyers and developers to do their homework before buying or developing property.