Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights one that is particular to sectional title schemes. It involved [...]
“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less obvious than others. The checklists below are of [...]
“…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in, as a capital investment, or to let out. One risk [...]
“The terms of the contract are the decisive criterion by which any potential expiry of a deadline has to be determined” (extract from the judgment below) A recent High Court decision provides yet another reminder to have your property sale agreement drawn (or at least checked) by a professional. Before you sign anything! As is the case [...]
“A Legacy Letter is a way for you to share your values, life lessons, cherished memories, hopes for your family’s future, and anything else that is really important to you.” Estate planning is key to ensuring that your loved ones are properly catered for after you are gone. Ideally go beyond the practical and financial [...]
“The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and the duty) to regulate land use in their areas, and amongst other sanctions, properties that are used unlawfully or without authorisation can be subjected [...]
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable [...]
“Happiness is… buying your first home” (Anon) Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived! The financial bonus of course is that [...]
“… a property is an asset to enhance economic activity, growth and development…” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article we’ll concentrate only on aspects of [...]
“It would thus be prudent that a commercial lease agreement includes a clause dealing with the risk associated with vis maior, casus fortuitus and the impossibility of performance.” (Extract from judgment below) The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to [...]
