Occupiers who can’t be evicted under the EST Act
The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (PIE Act) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or […]
Before leasing, include these in the agreement
If you consider leasing out your property, it is important not to overlook any requirement and expectations you may have of the incoming tenant. A basic lease agreement should at least have the below stipulated in detail: Basic information This includes the details of those who are party to the agreement, the address of the […]
Shutting down of utilities
The municipality is the place where most, if not all, services are monitored for their availability to a property, and it is the very place that may cut off the supply of said services. Their authority does, however, come with the responsibility of remaining within the legal boundaries of managing the supply of services to […]
Can my property be used for 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 […]
Selling your property? There might be some costs you are not aware of
If you are selling property in South Africa, check what costs you have to pay, and if they’re applicable to you. Bond costs Cancellation Costs: This is charged when you cancel your bond after selling your property. They total up to R3 000 or more. Early Settlement Penalty: If your home was recently purchased and […]
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 […]
What is the sale agreement?
Whenever you buy or sell a house you will encounter the sale agreement, which is also called an “offer to purchase”. This is a contract between a buyer and seller and covers the terms and conditions governing the sale of the property. Buying or selling a house can be stressful and sometimes confusing, however, the […]
Demystifying the executor in a deceased estate
During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and liabilities will form part of a person’s estate. At the death of that person, his/her deceased estate must be administered, in other words, divided, distributed and controlled by someone. This person is […]
Maintenance in Sectional Title Schemes
The requirements now necessary with regards to sectional title maintenance of major capital items as per the Sectional Title Schemes Management Act (STSMA) are there to create a more formalised and long term view with regards to maintenance, which in turn will create a need for better budgeting and financial management, says Michael Bauer, general […]
Vacant gardens and property rates
The purpose of this article is to explain the laws and policies that determine how property rates and other services are charged to erven that do not have residential homes on, but form part of the garden of a person’s residence. Typical Example The problem discussed in this article most commonly arises where a person’s […]