The practice of naming preferred service providers – like estate agents or conveyancing attorneys – in the constitutions of Home Owners’ Associations or Sectional Title Schemes, raises legal and ethical questions. Estate Agents In Atlantic Beach Homeowners Association and others v The Estate Agency Affairs Board (978/2018 ZASCA 112), the Estate Agency Affairs Board brought …
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among his children. However, …
Family rights to immovable property after death of the owner by Trust and Estates Read More »
Can a guarantee payable on demand be called up even though the contractual debt forming the basis of the guarantee has become prescribed? The Pretoria High Court decided this question in Investec Bank Ltd v Lombard Insurance Company and Another (2019) ZAGPPHC (251), in June 2019. Investec Bank Ltd (“Investec”) entered into an agreement for …
In Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019) considered an appeal against a judgment of the High Court of KwaZulu Natal which held that the enforcement of speed limits by a home owners’ association against its members was unlawful. The Appellant …
Speeding in private residential estates: Are penalties enforceable? by Johanei Borstlap Read More »
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among his children. However, …
Family rights to immovable property after death of the owner by Trust and Estates Read More »
From 1 January 2020 the process of obtaining a certified copy of a lost or destroyed title deed, conferring title to land, a registered lease or sub-lease or a mortgage/notarial bond, will become considerably more onerous and costly. On this date an amendment to Regulation 68 of the Deeds Registries Act 47 of 1937, approved …
Title Deed lost? Act without delay. by Cleo Cupido Read More »
Shareholders in a private company are not normally liable for the debts of the company, but there are instances where they may be, upon deregistration or liquidation of the company. Deregistration In terms of section 82 of the Companies Act No. 71 of 2008 (“the Companies Act”), the grounds for deregistration of a company by …
Shareholder liability for debts of a company by Alden Klaasen Read More »
A contract party may commit breach of contract by insisting on the incorrect interpretation of a material term of the contract, even if acting in good faith (bona fide). This was decided recently by the Supreme Court of Appeal (“SCA”), in the case of Starways Trading 21 CC and Others v Pearl Island Trading 714 …
The Rental Housing Act 50 of 1999 (“the Act”) governs all residential lease agreements in South Africa. Section 5(5) of the Act states that should a tenant remain in the leased property subsequent to the date of expiry of the lease agreement, the parties are deemed to have entered into a periodic lease on the …
At this time of the year, our firm would like to remind our clients of the importance of drawing up a Will, or updating your Will on a regular basis. Changing circumstances which may necessitate a revision of your Will, include a marriage, the birth of a child, a divorce, the drastic deterioration in your health, …
When last did you update your Will? by Sisteen Geyser Read More »