Who takes the fall for spillage incidents in shopping centres?
This question of liability amid spillage cases has never been fully settled in our law until recently when the case of Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another [2021] 2 All SA 457 (WCC) created some doubts on the legal position of an owner or manager of a shopping mall in “spillage cases”. […]
What you should know about the new Property Practitioners Act
The long-awaited Property Practitioners Act finally came into effect this year and brings with it significant changes to the real estate industry. The Act takes a more consumer-focused approach and is premised on the need for transformation in the property sector. Property practitioners The Act has widened its scope of application by consolidating all role […]
Signing an Antenuptial Contract before getting married does not mean you are anticipating divorce
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily married. Before we discuss the benefits of an antenuptial contract, let’s consider the different marital regimes couples can enter. 1. […]
Think before you sign: 5 things to consider before signing a contract
How often do we sign contracts that we don’t read or do not understand? We tell ourselves “We have to sign in order to get this loan”. Or, “This is a once-in-a-lifetime deal!”. Be careful to sign contracts that oblige you to perform beyond your reach or have unreasonably high-interest rates in terms of repayment […]
The rei vindicatio and the actio ad exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which […]
When your tenant ‘does a duck’
Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should you do? Check on any municipal accounts, especially water […]
Dream holiday or nightmare! An overview of the Property Time-sharing Control Act and the Vacational Ownership / time-share industry.
This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. The article gives a broad outline of what the Property Time-Sharing Control Act entails and specific definitions that describe the […]
How does the POPI Act affect credit bureaus?
When it comes to the protection of personal information, there are two acts that govern businesses and those working with such information. The Protection of Privacy Information Act (POPIA), which came into effect on the 1st day of July 2021, and the Promotion of Access to Information Act (PAIA), which came into effect on the 9th day of […]
What should a conveyancer do?
Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that this ownership cannot be challenged. It also covers the process of the registration of mortgages. Conveyancing in South Africa can only be carried out by […]
Important steps for the transfer of property
The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: 1. Instruction. A conveyancer receives the instruction to transfer the property. 2. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and […]