What is a Title Deed?
If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the property. You will need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed […]
Transfer Duty
Transfer duty is a tax levied upon the purchaser of immovable property situated in South Africa. The duty is levied in accordance with the following sliding scale and is based on the value of the property which is the subject of the transfer: Value of the property (R) Rate 0 – 900 000 0% 900 […]
Transfer duty. No surprises. Part I
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by the renunciation of an interest or restriction […]
Private prosecution: Is justice attainable even if the state fails us?
Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to prosecute persons who have allegedly committed a criminal offence. The Criminal Procedure Act (“the CPA”), however, contains two sections that can be relied on to bypass the NPA, by […]
Avoid the “chase” following the purchase of a business
When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business you intend to acquire to make sure that no unpleasant surprises await you after the fact. Notwithstanding the obvious research about the good name, the turnover, the customer base, […]
Can neighbours interfere in building plans?
Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights. Neighbours who are disgruntled by the noise nuisance, possible obstruction of an existing view from their property, or the aesthetic features of the building works, […]
What to do when injured by a domestic animal
Having a domesticated animal, such as a dog or horse, can be a great source of joy for its owner. However, such domesticated animals come with a lot of responsibility and potential liability. This is so because a person injured by a domestic animal can hold its owner liable for the damages suffered by such […]
Legal remedy for contractors to enforce payment
In many instances, contractors put in all the work and comply with the terms of the agreement; however, they receive less or no payment. In the event that the contractor has performed in terms of the contract, but refused payment, there are legal grounds available to the contractors to pursue legal action and recover payment […]
Fighting like cats and dogs over pets in flats?
If you own a pet and live in a complex subject to the Sectional Title Schemes Management Act, this article may be just for you. What if the body corporate does not allow you to own a pet? Or what if your guide dog or emotional support pet is not welcome in or around the […]
The cost of losing a legal battle
I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded in the other party’s favour on a party and party scale. What do I need to pay, and how is this amount calculated? A Court is entitled to make an order […]