Property Law

November 28, 2024

Rouwkoop Clauses: What Is It and Is It Enforceable?

The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the […]
November 28, 2024

What Implications Does a Lien Have on Eviction Proceedings: Part 1

In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. […]
November 20, 2024

Claiming Ownership Through Acquisitive Prescription

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in […]
September 11, 2024

Understanding Homeowners Associations (HOAs)

If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs […]
July 5, 2024

Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in […]
July 5, 2024

Tenant ‘Red Flags’ and How to Avoid Them

The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory, and investors are getting in on the action.  However, […]
June 3, 2024

The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 2

When considering the subdivision of agricultural land or dealing with inherited farmland that may be subject to disputes, there are several important factors to keep in […]
June 3, 2024

Is There a Need for Sectional Ownership?

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He […]
April 2, 2024

Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan […]
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