Articles
Conveyancers be aware!
Salient Clauses in the eThekwini Metropolitan Municipality: Credit Control and Debt Collection Amendment By-Law, 2021 which may affect Conveyancers.
A Supervening Impossibility Has Arisen – Is One Still Expected to Perform?
A case summary on Wilma Petru Kooij v Middleground Trading 251 CC
Legal Framework Governing Black Township Properties in KwaZulu-Natal
A summary of various pieces of legislation that deal with “ownership” of land amongst black communities in KZN.
Section 34 of The Insolvency Act: Voidable Sale of Business
Section 34(1) was drafted to prevent traders in financial difficulties from disposing of their business to third parties who are not liable for the debts of the business.
Payment of Rates to Your Municipality and the Transfer of Immovable Property
Supreme Court of Appeal handed down judgment in the case of City of Tshwane Metropolitan Municipality v PJ Mitchell.
Banks and Conveyancers Be Warned!
"You cannot register a bond over a property you do not own." This was re-confirmed by the SCA in ABSA Bank Limited vs. Christina Martha Moore and Jacques Moore.
Functions of the Community Schemes Ombud Service
What is a Community Scheme? It is any scheme or arrangement in terms of which there is shared use of and responsibility for parts of land and buildings.
Can a Non-Owner Sell a Property He/She Does Not Own?
The case in this matter reiterates the legal principle that "it is not a requirement for a valid contract of sale that the seller must be the owner of the thing sold".
Overview of the Sectional Titles Schemes Management Act and the Community Schemes Ombud Services Act
The Department of Human Settlement has now published Regulations in respect of both the Sectional Titles Scheme Management Act No. 8 of 2011 and the Community Schemes Ombud Services Act No. 9 of 2011.
Can the Option for the Purchase of a Portion of Agricultural Land Be Granted Without Ministerial Consent?
Section 3(e)(i) of the Subdivision of Agricultural Land Act No. 70 of 1970 ("the Act") provides that "no portion of agricultural land, whether surveyed or not...shall be sold or advertised for sale...unless the Minister [of Agriculture] has consented in writing".
The Acquisition of Immovable Property and Transfer Duty / VAT
The acquisition of an immovable property triggers the payment of either VAT or transfer duty.
Legal Overview and FAQ: Section 34 of the Insolvency Act - Voidable Sale of a Business
The policy of this section of the Act is to afford protection to a trader's creditors against his dispossessing himself of his property without paying his debt before the disposition or from the proceeds thereof.
Overview of the Expropriation Bill
The purpose of the Bill is: - To provide for the expropriation of property for a public purpose or in the public interest; To provide for the payment of just and equitable compensation when expropriation has taken place. Once the Bill is passed into law, it will repeal in its entirety the Expropriation Act 63 of 1975, as amended.
Overview of the Spatial Planning and Land Use Management Act, 2013 ("SPLUMA") and its Regulations
The Spatial Planning and Land Use Management Act, 2013 and its Regulations provide a framework for spatial planning and land use management in South Africa