Christo Mulder Attorneys

The increasing importance of Fidelity Fund Certificates

Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may have certain questions regarding the application process to obtain the Certificate, its issuing from the Authority and any disqualifications from issuing, its amendment, withdrawal, and lapse thereof. A Property […]

Selling a property with defects: What you need to know

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner? To understand which party is liable, one must appreciate the difference […]

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, […]

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 […]

Are you planning on starting an Airbnb?

When deciding whether to become an Airbnb host, it’s important for you to understand how the laws work in your city. According to Brett Herron, the mayoral committee member for transport and urban development at the City of Cape Town, different holiday accommodation land-use types, such as B&Bs and guest houses, are regulated by the […]

Take your homeowner relationship to the next level

Despite the recent interest rate increase, South Africa is still currently in what is deemed a “buyer’s market”, where first-time homebuyers are enjoying the opportunity of entering the property market at a much earlier stage than their financial situations would have allowed in previous years. But it’s precisely the fact that so many homebuyers are […]

Space law or the lack thereof

On October 4th, 1957, the first satellite was successfully launched into space. Sputnik 1, launched by the former Soviet Union (now the Russian Federation), ran for 21 consecutive days until it ran out of battery.[1] The satellite burnt while re-entering Earth’s atmosphere.[2] There are currently a total of 7500 active satellites and more than 15000 pieces of […]

Moving to a smaller home may be the answer

Property ownership in today’s economy is no small feat. But even when you’ve worked most of your adult life towards buying the family home of your dreams, the possibility of downsizing should never be discounted. Whether you’re looking at lowering the costs of homeownership, or reassessing your property needs once your children have moved out, there are a number of clear indications that it’s time for you to move on to something […]

Buying or selling a home? Know the process

The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simultaneously in order for the process to be completed as one cannot be done without the other. There are many parties involved in a transfer process and each one has an important role to play. The […]

The ups and downs of property co-ownership

Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have on their financial “to-do” lists. Unfortunately, it is not always an easily achievable goal. Property ownership has always been a costly endeavour, and in recent years the age of […]

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