Usufruct, Usus and Habitatio: What is the difference?
Usufruct, usus and habitatio are personal servitudes. These servitudes are sometimes considered as an estate planning tool to reduce estate duty, but testators don’t always realise what this entails and the burden it could place on the heirs. What is a personal servitude? A personal servitude is always constituted in favour of a particular […]
Usufruct, Usus and Habitatio: What is the difference?
Usufruct, usus and habitatio are personal servitudes. These servitudes are sometimes considered as an estate planning tool to reduce estate duty, but testators don’t always realise what this entails and the burden it could place on the heirs. What is a personal servitude? A personal servitude is always constituted in favour of a particular individual […]
Sale of immovable property and the national credit act
It often happens during a sale of immovable property that the parties agree to a deferred payment of the purchase price. The purchaser will then pay the purchase price in installments and the seller will charge interest on the outstanding amount from time to time. Sometimes the parties even agree to the registration of a […]
Tenant and landlord – what are your rights and obligations?
Sandra would like to move into her own place but like many people she is unsure what a lease is and what responsibilities it will place on her. A lease agreement is defined as the agreement entered into between the tenant and the landlord for the leasing of a property. The lease agreement regulates the […]
Private defence of property
The common law provides that an owner may protect his property from harm or damage even though there might not be any physical risk of harm to the owner himself. A person may use force in order to protect property and his or her rights therein. Private defence of property can only be resorted to […]
Capital Gains Tax and the sale of a property
Capital Gains Tax was introduced on 1 October 2001. Capital Gains Tax is payable on the profit a seller makes when disposing of his property. What is meant by Capital Gain? A person’s capital gain on an asset disposed of is the amount by which the proceeds exceed the base cost of that asset. What […]
Trouble with the neighbours
You and your neighbour have been good friends for years; your children have grown up together and you have always thought of him as a reasonable man, but lately you’re not so sure. His trees’ branches overhang into your property, blocking your gutters with leaves, not to mention the root system creeping closer to your […]
Co-ownership of land
The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, and may not be held to represent a defined portion of land. A co-owner who holds a share in land does not hold title to a defined piece of […]