Legal Articles

Cor van Deventer's Articles

Selling a Property? – These are the Property Compliance Certificates You Need

Part of the process of selling a house involves the availing and consideration of certificates that validate the compliance of the property that is being sold. These certificates relate to water, electrical, gas and electric fence which are required by law.

Are You Alright with All Rights Under POPIA?

The grace period to allow all entities that gather and process personal information to comply is fast coming to an end and thereafter all are required and expected to have complied fully with the requirements of the POPIA.

How do you Transfer a Deceased Interest in a Close Corporation?

We often get inquiries from some of our clients with regards to how the process of transferring the interest of a deceased relative who, was a member of a Close Corporation (CC). We value such inquiries in that it is indicative of the appreciation that our valued clients have for the law, and at the same time giving us an opportunity to provide expert legal assistance.

The SPLUMA Act and its Effect on Property Transfers and Developments

Historically, provinces had their own laws to regulate land use and development in South Africa. However, in pursuit of harmonising these under each municipality to achieve economic growth, efficient use and development of land, reservation of environmental and natural resources, the Spatial Planning and Land Use Management Act was promulgated.

Deceased Estate - Under What Circumstances can an Executor be Removed?

It must be noted that it is not enough to remove an Executor merely because of disagreements between the Executor and other interested parties, but a high standard of undesirability or wrongdoing on the part of the Executor need to be satisfied first.

Property Sale Agreements with Lapsed Suspensive Conditions – Is Reincarnation Even Possible?

In the conclusion of property sale agreements, parties commonly include a condition or more that must be fulfilled in order for the agreement to come into effect. These are known as suspensive conditions at law, being future events upon which the coming into force of the agreement will be dependent upon.

The Fore-Laws of Boreholes – Handy Tips before Drilling

In areas where the tap water supplies are erratic or more expensive in larger quantities (industrial/irrigation uses), boreholes have provided a convenient way for water supply. Howveer, it's important to understand the regulations involved with drilling a borehole.

 

Borehole Regulations in South Africa & Compliance in Property Transfers

Due to the diverse administrative requirements of various local government authorities, such regulations vary from one municipality to the other. However they are all targeted at the exploitation of underground water resources in a sustainable, safe and controlled manner.

Binding Authority and Liability of Members of Close Corporations

Whereas a close corporation is regarded as a juristic person with separate legal persona to that of its members, the individual members ought to observe such and alleviate the risk of binding the close corporation in instances where it was not intended so.

When the Property Transfer is from a Deceased Estate – Things to Note

It happens most often that some properties are transferred and sold from a deceased estate, with the purchaser having to transact with the heir or the executor of the deceased estate. In other instances, there is no sale involved, but that the property must be transferred from the deceased estate to the heir who is entitled to inherit such property.

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