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.”

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.

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South Africa

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

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