PropertyLaw

Property Law

Legal advice and legal services related to all aspects of property law especially those related to offers to purchase/deeds of sale in respect of houses and immovable property, transfers, bonds etc.

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water bill faulty

If the meter is defective then it is the responsibility of the municipality to not only repair it they would also be liable for the cost of the wasted water.

 Here is the gist of an email inquiry we received last week:

 “Hugh; thank you for taking my earlier call. I live in Newlands in Cape Town and as you know we have severe water restrictions. I’ve really tried to cut down on my water consumption and over the last year, it‘s been very low. However, over the past 4 months my municipal water accounts suddenly more than tripled. Knowing this cannot be right I queried my accounts with the municipality. They said the consumption was correct according to my water meter and I must pay or my water would be cut off. The only explanation I have is that the water meter is not working correctly; but whose responsibility is it to verify this and whose responsibility is the excess water usage if it is defective?”

municipal debt unconstitutional

Does a seller’s historical Municipal debt “travel” with the property into the hands of the purchaser?

An important judgment was handed down by the Constitutional Court on the 29th August 2017 in the matter between Chantelle Jordaan and Others versus the City of Tshwane Metropolitan Municipality and Others under case numbers: CCT 283/16; 293/16 and 294/16.

This judgment should be noted by all property owners, estate agents, conveyancers and local authorities.

 landgrabbing

What is Land Reform?

A few weeks ago in March 2018; we did two blogs on the topic of Expropriation without Compensation. What is the background to this issue?”  In those first two blogs, we concentrated on our interpretation of section 25 of the Constitution of the Republic of South Africa.

Today we received this inquiry: “Could you please explain to me the background to the concept of Expropriation without compensation so that I can better understand the subject?”

This blog, therefore, explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigour to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.

 dish moving 900 x 500

A fixture is a moveable item that becomes a part of the immovable property by virtue of attachment.

Yesterday; we had an inquiry from someone who wanted to know the answer to the above question.

Can he?

municipal debt 600x

“No,” you cannot be held liable for payment of the property rates.

Herewith the real question: Can a seller be held to ransom after selling his/her property and applying for a rates clearance certificate for future municipal debts which may occur to the property involved?

Recently; we received the following query from a seller who had sold her house in Johannesburg. 

“I have just sold my house and the conveyancers applied for a rates clearance certificate as it is required in the transfer process. The municipality has now requested me to pay the estimated rates until the end of their financial year, which will be months after my house has been transferred to the new owner; and they will not issue the rates clearance until I pay them the sum they want.

How can I be held to ransom for these future rates just because I need a rates clearance certificate now?”

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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