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Legal Articles

Notarial bonds - security for debt and real rights

You will need to act quickly in order to acquire a court order which will allow for you to take possession of the movable property which is covered by the notarial bond

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Property expenses and rental property income tax

SARS requires for you to declare all the income your receive from property investments. These are then subject to income tax and also includes all rental income. 

It is important for taxpayers to have all the supporting documents needed in order to submit their tax returns. 

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Marriage in community of property and how to change this

Without a doubt, being married in community of property is a much cheaper matrimonial regime for couples to enter into. 

Although it is also the most popular matrimonial regime to enter into (by default), it does come with many disadvantages. 

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The Property Practitioners Bill - Good or Bad for estate agents?

It is going to become a lot harder for agents to operate, especially for those who have recently started operating, thanks to the Property Practitioners Bill. 

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A Cohabitation Agreement creates legal certainty for partners

A cohabitation agreement is a legal contract between two people who have chosen to live together, whether they are a heterosexual or a homosexual couple, in order to regulate the legal aspects such as property ownership, support obligations, estate and children.

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Court rules that conveyancer was negligent

Selling a house at times could have various complications that could prevent the process from being completed timeously.

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Property rights afforded to women in polygamous customary marriages

The Recognition of Customary Marriages Act was brought into question during a legal battle wherein the parties felt that they had been discriminated against for being in Venda customary marriages.

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When can a seller not rely on the voetstoots clause?

Buyers are clearly at risk when purchasing a property under the voetstoots clause

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Seek help with contracts of sale of immovable property

When a contract is subject to a suspensive condition then this contract only comes into effect once the condition has been met. 

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Can I purchase a property if my tax is not up-to-date?

When purchasing a property in South Africa it is important to make sure that your tax is up-to-date.

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