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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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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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?

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“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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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.”

In our last blog, we looked at a case study of the possible problems that can arise when buying a house.
Let us look at the transfer process.

The transfer process can be described in a step by step conveyancing process.

The ownership of our own home is a dream which all of us have; but not all of us will realise; and when the opportunity to own your own home knocks; do your homework! Get advice and in that way you will not make any mistakes.
A recent unreported case of Hlabane and Another versus Sebotsa and Others is a lesson to be learned.

The Consumer Protection Act No 68 of 2008 (CPA): Expiry and Renewal of fixed term contracts/agreements, especially Leases. Continued: Section 14 (3) & (4).

Today; to finalise this set of blogs on the above topic; we look at the last two subsections of section 14 dealing with the expiry and renewal of fixed term contracts and once again we will concentrate on leases as this is the most frequent source of enquiry; although the provisions of the whole of section 14 apply to ALL fixed term contracts.

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South Africa

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Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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