29 AUGUST 2017 CONSTITUTIONAL COURT RULING
By now most people have heard the fantastic news that the Constitutional Court has ruled that once a property has been transferred, the rights of Municipalities in terms of section 118(3) of the Local Government: Municipal Systems Act (“the Act”)…
SHOULD I BUY MY RESIDENTIAL PROPERTY IN MY NAME OR IN A CC, COMPANY OR TRUST
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A BRIEF OVERVIEW OF THE APPLICATION OF THE PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF PROPERTY ACT 19 OF 1998 (the “PIE Act”)
When does the PIE Act apply? PIE applies in respect of all land within South Africa (irrespective of the zoning of such land) which is unlawfully occupied for residential purposes (being buildings or structures that are used as dwellings and…
BRIEF SUMMARY OF THE FINANCIAL INTELLIGENCE CENTRE AMENDMENT ACT 1 OF 2017
On 2 May 2017 the Financial Intelligence Centre Amendment Act 1 of 2017 (the “Amendment Act”) was published which Amendment Act has made a number of amendments to the Financial Intelligence Centre Act, 2001 (the “Act”). Certain sections of the…
WHAT YOU NEED TO KNOW ABOUT THE REGULATION OF AGRICULTURAL HOLDINGS BILL
On the 17 March 2017 the Regulation of Agricultural Holdings Bill (the “Bill” or “Act”) was published in the Government Gazette. Although this Bill may be subject to substantial amendment, a number of approvals and final proclamation before it becomes…
RESOLUTION FOR A TRUST
One always has to be extremely careful when one of the contracting parties is a trust. The Supreme Court of Appeal has ruled that in the case of a trust, a deed of sale signed by one or more of…
THE IMPLICATIONS OF SELLING A HOUSE WITHOUT APPROVED PLANS AND UNDERTAKING UNAPPROVED BUILDING WORKS
It is common knowledge that when a house or a structure is built on immovable property that the law requires the plans to be drawn up in a particular manner and approved by the relevant Local Authority with jurisdiction. Therefore,…
EXPERIENCE SHOWS THAT A SPEEDY AND EFFICIENT REGISTRATION OF TRANSFER PROCESS PLACES YOU, THE AGENT IN THE BEST POSSIBLE POSITION AND LIGHT:
A property transaction is more than a transaction, it is an experience for both the seller, the buyer and even the agent. A smooth transfer process which runs like clockwork fills an agent with pride, improves the agent’s reputation, fires…
RESTITUTION OF LAND RIGHTS AMENDMENT ACT FOUND UNCONSTITUTIONAL
The Constitutional Court held that in the case of Land Access Movement of South Africa and others v Chairperson of the National Council of Provinces and Other 2016 (10) BCLR 1277 (CC) that the Restitution of Land Rights Amendment Act…