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Law Reports

Fidelity Fund Certificate validity

Consequences of an estate agency converting from being a CC to a Company and Fidelity Fund Certificates not being issued to the correct entity.

Law Reports

Due and payable

Riaan Mogamat Amardien and Others v Registrar of Deeds and Others: Land instalment sale - when does the debt become due and payable.

Law Reports

The right to choose

A residential estate may allow any preferred fibre network provider to instal fibre in existing duct infrastructure owned by the estate, if there is enough space to do so.

Law Reports

Legitimate expectations

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.

Law Reports

Road less travelled

What right do nearby landowners have to challenge compliance with municipal planning by-laws when they were not enacted for their benefit?

Law Reports

Fischer

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?

Law Reports

Mounthaven (Pty) Ltd - II

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.

Law Reports

National Building Review Board

All zoning decisions lie within the competence of the municipality, therefore building plan approvals are not reviewable by the National Building Regulations Review Board.

Law Reports

Not so sterling

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.