31 July 2014The recent SCA judgment of Robarts v Antoni NO (327/2013) underlines once again the need to properly record any and all agreements relating to your property.
02 October 2014Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a sale agreement is signed.
09 October 2014Mitchell v City of Tshwane: Sale in execution - 118(3) security extinguished by transfer; buyer not liable for debts older than two years; services may not be refused.
09 October 2014Stopforth Swanepoel & Brewis v Royal Anthem Investments: right to be heard, procedural and substantive fairness; attorneys not liable for repayment of funds and interest.
18 December 2014Russell Warner suggests that in the light of two recent SCA cases, legislation is necessary to allow HOAs to embargo transfers while levies remain unpaid.
31 January 2013Body Corporate of Savannah Park v Brainwave - Developer’s right of extension is a right to develop a section of the common property, not to commercially exploit it. It is not a usufruct.
18 April 2013Margalit v Standard Bank of SA Ltd - Delayed transfer - conveyancing attorney liable for damages suffered by seller of property due to his negligence in causing delay.
02 May 2013Banda v Van der Spuy - fraudulent concealing of latent defects with defective repairs vitiates the effect of the voetstoots clause.
30 May 2013Tshwane Municipality v Mathabathe - Roelie Rossouw sees an added burden for conveyancers to ensure that properties they are transferring are free of all municipal debts.
27 June 2013City of Tshwane v Blom - list of rateable property categories ito s 8(1) s 8(2) of the Municipal Property Rates Act not exhaustive: municipality can add one of 'non-permitted use'.