Jack Crook discusses a recent case which highlights the risks associated with not building on your plot in a development within the time limit specified.
Jack Crook considers a recent High Court case which neatly illustrates our law's approach to protecting oneself from noisy neighbours generally.
Jack Crook discusses a recent case which shows yet again how essential it is to double-check that your Fidelity Fund Certificate (FFC) is both current and valid.
Carmel Rickard discusses Lochner v Schaefer Incorporated and Others in which compensation was sought from conveyancers who had fallen victim to a cyberscam.
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.
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.
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.
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.
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.
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.
Jack Crook discusses a recent case in which disgruntled neighbours approached the courts to have a neighbouring guesthouse closed down.
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 case where it was held that FCCs must be issued in the name of the relevant Co or CC and another which underscored clarifying "trading as".
Peter Livanos has some sound advice for sellers with outstanding municipal debts following the recent judgment of City of Tshwane Metropolitan Municipality v PJ Mitchell.
Chantelle Gladwin discusses the implications (but not the correctness of) the Supreme Court of Appeal decision in City of Tshwane Metropolitan Municipality v PJ Mitchell.
Jack Crook discusses a recent High Court case that shows the danger of neglecting to give sufficient detail about a property when objecting to its municipal valuation.
Jack Crook considers the recent judgment of Smith v ABSA Bank Limited which yet again demonstrates the need to be careful and to use attorneys when dealing with a trust.
Bad neighbours can cause serious harm to your property's value. So if you notice illegal building activity next door, move quickly to nip the problem in the bud.
The strange case of a falling out between a buyer and a developer after transfer, over a plot and plan in which the sale agreement had only been signed by the buyer.
Jack Crook discusses a recent case in which the owner of the house was evicted from it as an "unlawful occupier” because of a registered right of habitation.
Jack Crook reports on the recent case of Gerber v Naidoo which highlights how forgetting about VAT in the excitement of the sale can be a costly oversight.
Brodsky Trading: Estate agent company converts to a CC; EAAB not advised of conversion; original fidelity fund certificate issued to non-existent company is invalid.
Robert Krautkramer writes that the case of Haigh Farming (Pty) Ltd v E G Elliot Real Estate CC (14175/13)  does not say that a spotter’s fee cannot be claimed.
The recent Supreme Court of Appeal (SCA) judgment of WT and Others v KT illustrates what happens if your home is registered in the name of a trust and you get divorced.
Ellis and Another v Cilliers N.O and Others: Latent defects and the voetstoots clause, interpretation and application thereof.
Ethekwini Municipality v Mounthaven(Pty) Ltd: a reversion clause concerning a failure to erect a building is a "debt" which prescribes if not acted upon by the seller.
Quartermark - Sale of immovable property which is induced by fraud is null and void if there is no intention on the part of the owner to transfer ownership despite registration.
Jack Crook highlights that buyers and sellers are bound by the written sale agreement and no evidence may be given of its terms except the document itself.
Basfour 2994 v Registrar of Deeds: Free State Townships Ordinance 9 of 1969 - registration of deeds of transfer in respect of erven sold subject to suspensive conditions.
Min of Local Govt v Habitat Council: Land Use Planning Ordinance 15 of 1985 - all zoning and subdivision decisions lie within the competence of municipalities.
Relebipi Properties CC - Whether a buyer is entitled to the transfer of a property when the seller is declared insolvent after the agreement was entered into.
Royal Anthem Investments - rouwkoop clause, interpretation of "all amounts" after the sale fell through; liability of conveyancer for interest on amounts stipulated in the order.
Never 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.
Mitchell 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.
Russell Warner suggests that in the light of two recent SCA cases, legislation is necessary to allow HOAs to embargo transfers while levies remain unpaid.
Body 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.
Margalit 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.
Tshwane Municipality v Mathabathe - Roelie Rossouw sees an added burden for conveyancers to ensure that properties they are transferring are free of all municipal debts.
City 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'.
Nedbank Limited v Mendelow NO - if there is no intention by a beneficiary to transfer ownership of immovable property, registration does not effect such transfer.
Minister of Agriculture v De Klerk: whether conveyancer agent of seller or of purchaser in receiving payment of the purchase price from purchaser before payment due to seller.
Rademeyer v Viljoen and Another (69/11)  ZASCA 189 (3 November 2011) - necessity for property buyers to expressly agree that the deposit be held in trust pending transfer.
Johl and Another v Nobre and Others (23841/2010  ZAWCH 20) - servitude of right of way, what constitutes reasonableness in exercising it.
Yet another warning to have your sale documents professionally checked before you sign them comes from a recent North Gauteng High Court case.
Royal Hotel v Simon NO - interpretation of a praedial servitude to park, breach thereof and the erection of a building on a substantial portion of servitude area.
Adlem v Arlow - Subdivision of Agricultural Land Act 70 of 1970 - interpretation of the word 'portion' as meaning a part of property (as opposed to the whole property).
Kruger v Property Lawyer - Bridging finance - undertaking by transferring attorney to pay against registration of transfer from proceeds of sale.
Standard Bank of South Africa Ltd and Another v Margalit (25966/06)  ZAGPJHC 58 - Bond cancellation - liability of bank and attorneys for non-cancellation.
Resnekov v Cohen - dispute between neighbours over addition to property - whether restriciton constitutes a praedial or a personal servitude.
Wakefields Real Estate v Attree (666/10)  ZASCA 160 - when is an estate agent the effective cause of a sale and entitled to commission?
Hoofar Investments (Pty) Ltd - Duty of seller to pay municipal rates and charges.
Pappalardo v Hau - neighbour law, drainage of rainwater, whether lower owner has to accept water from higher owner's property.
A conveyancer has a duty to reasonably protect the interests of both the buyer and seller even though he is instructed by one of them - here the seller.
Rockbreakers and Parts v Rolag Property Trading (498/08)  ZASCA 102 - Alienation of land - non signed suspensive condition counter offer.
Simcha Properties v San Marcus Properties - s288 of Companies Act - directors authorisation by sole shareholder to dispose of company's sole asset.
Solarie v Solarie and Others - Cape High Court stamps down City of Cape Town's housing policy in favour of Muslim women.
JR 209 Investments (Pty) Ltd v Pine Villa Estates (Pty) Ltd (617/07) - Validity of a deed of sale of land; whether the description of property alienated was sufficiently clear.
Dolphin Whisper Trading 10 (Pty) Ltd v The Registrar of Deeds and Another - Developer's real right to extend and section 25(13) of the Sectional Titles Act.
Sheriff of the High Court, Hlabisa & Nongoma v Shobede: In re FirstRand Finance Company Ltd  JOL 23544 (KZP) - cancelling an execution sale.
Hunkydory Investments Disposal and section 228 of the Companies Act - is a special resolution necessary when registering a mortgage bond?
Withok Small Farms Pty (Ltd) v Amber Sunrise Properties Ltd (664/07)  ZASCA 131 - Sale by public auction - 'Agreement and Conditions of Sale' signed by purchaser.
Lombard Insurance Company Ltd v Landmark Holding (Pty) Ltd and others (343/08)  ZASCA 71 (1 June 2009) - relationship between a guarantee and its underlying agreement.
Kovacs Investments 724 (Pty) Ltd v Marais (323/08)  ZASCA 84 - Substitution of manner of performance required in a 'subject to' clause.
Hangklip/Kleinmond Federation of Ratepayers Associations - Relevant factors when approving a development in terms of the National Environment Management Act.
Van Rensburg NO - obey restrictive title conditions or risk the court ordering you to demolish offending parts.
Eloff v Dekker - suspensive clauses in sale agreements with regard to the alleged waiver of the rights gained/benefits of such a condition.
Just Names Properties v Fourie  SCA 126 (RSA) - sellers signing blank page in an agreement of sale.
Shaik & others v Pillay & others  JOL 20893 (N) - pitfalls involving contracts for the sale of members' interests in immovable property.
Fairoaks Investment v S Oliver (268/07)  ZASCA 41. Sale of land - agreement of sale lapsed because of non-fulfilment of suspensive condition.
First Rand Bank v Soni  JOL 21006 (N) - failure to meet bond repayments after an agreement of sale entered into.
Linvestment CC v Hammersley (634/2006)  ZASCA 1 - servitudes - right of way - relocation at instance of owner of servient tenement - when allowed.
Frazer v Viljoen  ZASCA 24 - incomplete pro forma agreement of sale - non compliance with s 2(1) of Alienation of Land Act.
Gumede v President of the Republic of South Africa  ZACC 23 - customary marriages and ownership of immovable property.
Maharaj & another v Govindsamy & another  JOL 19052 (D)
- Non-fulfilment of suspensive conditions in agreements of sale.
EP Manna v JM Lotter - the validity of a deed of sale which was accepted AFTER the offer had lapsed...
HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism  SCA 37 (RSA) - Environmental Conservation Act.
Jordaan v Msweli  EL 188/05; ECD 488/05 - suspensive conditions in an agreement of sale of land - fulfilment, nature of.
A L Loots and Another v Rojen CC - rule nisi, effect of suspensive condition lapsing.
Exdev v Yeoman Properties  SCA 107 (RSA) - Option to purchase property not invalid due to lack of agreement on price and date.
Stalwo v Wary Holdings  SCA 133 (RSA) - Contract of sale of land - whether a suspensive condition a tacit term.
Execution against mortgaged property - whether mortgagee required to justify order constitutionally.
Paul Esselaar considers the implications of Standard Bank of South Africa v Saunderson (A) 2005/358.
Unitrans Motors (Pty) Ltd v Knight Street Proper (Pty) Ltd 2006 JOL 16520 (SE) - breach clauses, reservation of rights.
Hanekom v Builders Market Klerksdorp (Pty) Ltd  SCA 2 (RSA) - validity of suretyship passed by a CC.
Thorpe v Trittenwein  SCA 30 (RSA) - trustees; meaning of "agent"
The supreme court of appeal made a watershed judgement earlier this month when it clarified the rules for claiming compensation for useful improvements to leased premises.
Engelbrecht v Merry Hill (Pty) Ltd and Others - cancellation of an agreement of sale for immovable property where the sale price is to be paid in instalments.
Rhode v Stubbs 2005 (5) SA 104 (SCA) - rare decision regarding the legal principles underlying the massing of estates.
Chestnut Hill Investments v 169 Stamford Hill Road  JOL 18330(D) - Guarantees: Due date not stipulated in contract - When must it be furnished?
Murphy and another v Durie 2006 JOL 18301 (C): Fulfilment of suspensive conditions in a bond.
Gowar Investments v Section 3 Dolphin Coast and Cameron - Sale of land - non compliance with ss 2(2A) of Alienation of Land Act.
A purchaser who assigns rights and obligations arising from sale at public auction not a "nominee" or "trustee" in terms of Conditions of Sale. Meaning of "nominee".
Voetstoots clauses, non-disclosure of latent defects and the duty to disclose.
J C Biggs and others v J M Muller and others (ECJ No: 017/2005) - the exercise of pre-emptive rights and estate agents' commissions.
Sayers v Khan  1 All SA 57 (C) - No reference to a "cooling off-right" will render an Agreement of Sale null and void.
"Right to a view" clarified - it is not an automatically-protected, court defined right. Paola v Jeeva NO and Others is therefore of limited application.
In First Rand Bank Ltd v Body Corporate: Geovy Villa  1 All SA 259 (SCA) - held that a judgment creditor's claim for arrear levies and related costs not preferent to a mortgage bond holder's claim.
Heathfield v Maqelepo - proper construction of written agreement to purchase immovable property - purchaser or surety.
Appeal upheld in which certain provisions of the Magistrates' Courts Act providing for execution against the immovable property of judgment debtors are challenged.
Section 36(6) of the Sectional Titles Act 95 of 1986 - a juristic person does not have the capacity to act as a claimant in the recovery of damages to private property.
A house's view forms an integral part of its value. Building plans which are approved and which spoil the view infringe on the rights of the owner of the view and should therefore never have been approved.
Summer Symphony Properties 13 CC and BOE Bank Limited v City of Tshwane Metropolitan Municipality and The Registrar of Deeds  TPD. Interpretation of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 ("the Act").