Generational Wealth Planning – To Your Children and Beyond!

“Are we being good ancestors?” (Jonas Salk) What do you plan to give your family this Festive Season? Now’s the time to think beyond the brightly wrapped gifts under the tree and get started on an estate plan which will leave your loved ones the lasting gift of financial freedom. Estate planning involves a lot [...]

By |2022-12-16T19:12:19+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on Generational Wealth Planning – To Your Children and Beyond!

Selling Property this Festive Season: The Tax Angle

December and January have always been prime months for selling residential property in South Africa, and if you are a “Festive Season Seller”, here are two really important tips for you. Plan your finances understand and plan for all the financial implications, not just the legal ones. Prepare a cash-flow forecast so that you know [...]

By |2022-12-16T19:09:37+02:00December 16th, 2022|Commercial Law, Property, Property Law|Comments Off on Selling Property this Festive Season: The Tax Angle

If the Municipality Rejects Your Building Plans, Consider PAJA

“The Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.” (Department of Justice and Constitutional Development) Bureaucratic decisions can and do have far-reaching consequences for us, both financially and in our personal lives. [...]

By |2022-11-05T11:49:37+02:00November 5th, 2022|Commercial Law, Property, Property Law|Comments Off on If the Municipality Rejects Your Building Plans, Consider PAJA

It’s Wedding Season – Three Questions to Ask Before You Marry

“Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking “civil marriage” here, “customary marriages” and “civil unions” are beyond the scope [...]

By |2022-11-05T11:15:12+02:00November 5th, 2022|Family Law, Property Law|Comments Off on It’s Wedding Season – Three Questions to Ask Before You Marry

Bond Clauses: Beware the Deadlines!

“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams) Here’s yet another reminder from our courts on the danger of not complying strictly with every provision in a property sale agreement. Don’t be like Douglas Adams and listen to the deadlines go whooshing by – missing a property [...]

By |2023-03-03T08:49:12+02:00October 24th, 2022|Property Law|Comments Off on Bond Clauses: Beware the Deadlines!

Why You Should Sign a Power of Attorney Before You Emigrate or Travel

If you are emigrating, or perhaps just going overseas for an extended holiday or work contract, you may well leave behind some form of “unfinished business”. Perhaps you own a property, other assets or bank accounts needing attention, or have outstanding tax/business/financial affairs, or contracts to be signed, cars to be licenced, or something else [...]

By |2022-10-24T15:19:15+02:00October 24th, 2022|Property Law|Comments Off on Why You Should Sign a Power of Attorney Before You Emigrate or Travel

Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies

"... had the respondent imposed more moderate penalties, it would likely not have had the desired effect, or put differently, the same persuasive sting for individuals of substantial means.” (Extract from judgment below) Buying “plot and plan” in a residential complex allows you the freedom to build your own dream house in a secure environment, [...]

By |2022-10-24T13:07:21+02:00October 24th, 2022|Property Law|Comments Off on Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a house in execution is not as simple as getting judgment and sending the Sheriff of the [...]

By |2022-09-30T12:05:10+02:00September 30th, 2022|Commercial Law, Property Law|Comments Off on It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

Owning Property Jointly – The Rewards, The Risks, and The Remedy

“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a falling-out with your co-owner. Perhaps you come to blows on your usage of [...]

By |2022-09-30T11:58:08+02:00September 30th, 2022|Property Law|Comments Off on Owning Property Jointly – The Rewards, The Risks, and The Remedy

12 Questions to Ask Before You Sign That Deed of Sale

“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it comes to any form of process with significant legal consequences, so here [...]

By |2022-09-30T11:33:47+02:00September 30th, 2022|Property Law|Comments Off on 12 Questions to Ask Before You Sign That Deed of Sale
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