Category: Property

Property Buyers: The Danger of Not Doing Your Financial Homework
, Property

Property Buyers: The Danger of Not Doing Your Financial Homework

“Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s…

Losing Your Property to Acquisitive Prescription
, Property

Losing Your Property to Acquisitive Prescription

“… a person shall by prescription become the owner of a thing which he has possessed openly and as if he were the owner thereof for an uninterrupted period of 30 years…

Neighbours Behaving Badly: Illegal Buildings and Demolition Orders
, Litigation, Property

Neighbours Behaving Badly: Illegal Buildings and Demolition Orders

“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures…

Property Owners: Your Rates Could Quadruple for Unauthorised Land Use
, Property

Property Owners: Your Rates Could Quadruple for Unauthorised Land Use

“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…

Beware The Badly Worded Bond Clause!
, Property

Beware The Badly Worded Bond Clause!

“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…

Property Owner and Body Corporate Liable After Child’s Electrocution?

Property Owner and Body Corporate Liable After Child’s Electrocution?

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…

3 Steps to Buying Your First House
, Property

3 Steps to Buying Your First House

“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,…

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February
, Property

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February

“… 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…

Can Your Tenant Claim a Lockdown Rental Remission?
, Property

Can Your Tenant Claim a Lockdown Rental Remission?

“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)…

Selling Your Home: How to be Lucky this Holiday Season
, Property

Selling Your Home: How to be Lucky this Holiday Season

“Luck is what happens when preparation meets opportunity” (Lucius Annaeus Seneca the Younger, Roman philosopher) History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s…