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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land expropriator

What is expropriation? Part 1:

The definition of the verb “expropriate” is usually couched as follows: “To take possession of (property), especially for public use, thus divesting the title of the private owner eg the government expropriated the owners land for a road, electricity pylons or for a public recreational area. In plain words, it means “to take something from one person’s possession for another one’s use and benefit.”

Fixed term contracts, in certain circumstances, can now be lawfully terminated in terms of the Consumer Protection Act No 68 of 2008 (CPA.)

Prior to this Act; which came into effect on the 1st April 2011; the law of contract and the common law dealt exclusively with the issue of when, where and how fixed term agreements, including leases, expired or were renewed.

Divorce: Proprietary and Pension Fund Benefits:

In our last blog, we looked at proprietary rights on divorce.

Today we look specifically at pension benefits at divorce.

To start with here is a quote from the actress Zsa Zsa Gabor: “I have learned that not diamonds; but divorce lawyers are a girl’s best friend.”

 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?”

Land e1487938207370

Expropriation without Compensation: Part 2:

We continue where we left off last week with a continuation of the interpretation of section 25 of the Constitution.

Section 25 subsection 4 reads:

“For the purposes of this subsection:-

  • (a) The public interest includes the nation’s commitment to land reform and to reforms to bring about equitable access to all South Africa’s natural resources; and
  • (b) Property is not limited to land.”

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