Legal Articles

Arrear Rentals and Landlord Rights – Balancing the Tide

The South African property market has been witnessing significant growth, making property investment an attractive option for generating income.

Cut Off From the Grid - Can a Landlord Cut Off Electricity in South Africa?

Prepaid utility installations are preferred by more landlords because they prevent situations where there are outstanding arrears on the utility account of the property, whilst the advantage to the tenant is that they pay as they use and offers an opportunity to be in control of their consumption.

Strategies for Dissolving Joint Liability in a Mortgage Bond

Entering into a mortgage bond with a co-applicant, be it a partner, family member, or trusted friend, is a familiar occurrence in the realm of homeownership. However, as circumstances evolve, individuals may find themselves contemplating the possibility of terminating their joint liability in the mortgage agreement.

Developer's Obligations to Lessees in Sectional Title Schemes

When a developer wishes to establish a sectional title scheme on land that has an existing building wholly or partially let for residential purposes, the developer has to comply with Section 4(3) of the Sectional Titles Act.

Authority Versus Legal Capacity To Act - Sectional Title Schemes

Before the coming into force of the Sectional Titles Schemes Management Act (8 of 2011) and the Community Schemes Ombud Services Act (9 of 2011), disputes involving owners and Body Corporates were adjudicated upon by the Courts.

Buying a House in a Trust which Already Exists in South Africa

There are certain advantages and disadvantages that come with buying a house in a trust that already exists.

In this article, we discuss the various benefits and implications of purchasing immovable property in the name of an existing trust.

Legal Implications of Selling after you Transfer Property to a Minor Child

If you are looking to transfer property to a minor child, it’s important to be informed about the challenges you might face should you want to sell the property after it has been transferred.

VAT on Rental of Residential Units Intended for Resale

Property developers are now faced with additional VAT on residential property rentals which were initially developed for resale.

Simultaneous Registrations - Registration of Deeds in South Africa

The timely registration of deeds such as bonds and transfers, in particular their simultaneous registration, is extremely important for financial reasons.

Property Rezoning Objection - When is it an abuse of right?

Should the property rezoning objection be made with the intent to cause harm financially to the other party this could be considered an abuse of right to object.