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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 gas compliance certificate

Both sellers and Estate Agents should be made aware of this legal requirement.

Last week we received this inquiry.

 “I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”

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.”

 e sign morgage

An electronic agreement for the purchase of a house is not currently valid in our law.

We get many varied emails and queries from people all over the country on a daily basis.

Some are straightforward; others really interesting.

At The Legal Advice Office; we received the following query last week

 “I am in the process of purchasing a house in Pretoria, but live in Bloemfontein.

I recently bought my motor vehicle by merely signing certain online documentation electronically, and it was so quick and easy to complete. I asked the estate agent in Pretoria who is acting for the seller if I can use the same technology to purchase the house, but she said that the contract won’t be valid if I sign it electronically. Is this true? Please, could you advise me?”

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?”

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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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