Navigating Sectional Title Property Extensions: Insights from Merriman Court
In a significant decision by the Western Cape High Court in Body Corporate of Merriman Court and others v Greeff [2024] JOL 63094 (WCC), the complexities of extending property within sectional schemes were brought to the forefront. This case underscores the importance of legal clarity and procedural adherence in property rights and extensions. The Case […]
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 will […]
Compliance certificates required when selling a property
There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The […]
Buying property that fits your character
Contrary to popular belief, while price is a strong determining factor in whether you are able to afford a home, the property value has little impact on whether you’d be satisfied with your new home. How you experience your new home will depend heavily on a variety of other factors. Once you have a clearly defined budget, here […]
Ensuring the well-being of the community
Finding the right home is not only about finding an architectural structure that meets your requirements (three bedrooms, sun in the afternoon, a yard for the dogs, access control for the kids, etc.). The search is as much about finding a community you want to become a part of. For many residents, the community that surrounds them is governed by an […]
Make sure your property flip does not flop
During Season 4 of Modern Family, viewers sat in stitches watching as Cam and Claire tried their luck in house flipping, where a property is bought with the sole purpose of improving it and reselling it at a profit. Needless to say, things went wrong. What else would you expect from a sitcom? And what else would you expect from an episode titled “Flip Flop”? But maybe we can help […]
How much home can you get for your money
South Africans continue to tighten their belts as the pressure of rising interest rates, inflation, and other varying economic factors put household income under strain. This puts the affordability of national residential property under the spotlight. However, while (in nominal terms) national house price inflation remains positive (+1.9% in September 2022), the national average purchase […]
Having ‘skin’ in the property game
Bigger deposits mean a smaller loan and a better interest rate Rising inflation and several interest rate hikes have many South Africans trying their best to keep their costs down where possible, and this has also translated into their homebuying behaviour. The Q2 ’22 oobarometer statistics, released by ooba, reveal lower-than-expected home price inflation from […]
What is a “transaction” for transfer duty purposes?
According to reports, given current low interest rates, there have been an uptick in property transactions. Therefore, it is worthwhile considering the potential impact of any transfer duty taxes to be imposed on such transactions. The Transfer Duty Act imposes a transfer duty on the value of any property acquired by any person by way of a transaction, or in any […]
Deducting bond interest when using an access bond facility
You can use a loan re-advance against your house to purchase a rental property, and get the interest allowed as a tax deduction – it just needs to be structured properly One of the questions most frequently asked is whether interest on a bond raised to purchase a rental property is deductible against the rent […]