Estate developments and estate living are on the increase in South Africa as a means of promoting security and peace of mind. As a natural consequence of living within a designated communal area residents agree to live within the framework…
This article seeks to summarise the key principles of case law in respect of certain areas of dispute relating to neighbour law and related nuisance which are commonly encountered. We note that this is a general summary and overview of…
South Africa has one of the best Deeds Registries Systems in the world, which makes it very safe to purchase and sell property in this country. The Estate Agent is involved extensively whilst choosing a property and concluding a Deed…
The ruling contained in the Supreme Court of Appeal (“SCA”) case of City of Tshwane Metropolitan Municipality v Mitchell confirms the position that a municipality can perfect its security over a property in order to settle the debt owed by…
Till now, there has not been a cost effective dispute resolution mechanism for any type of a dispute that arises in Sectional Title or other Community Schemes that does not involve expensive legal costs. This will however be changed by…
Dykes van Heerden will NEVER e-mail you our banking details. Our offices are registered as public recipients with the various banks. For your protection when making payment to our offices please utilise the public beneficiary/recipient option with your bank. Our…
The recent judgment by the Supreme Court of Appeal in Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and another [2015] JOL 32555 (SCA) has had far reaching consequences as regards the variation of contracts by means of an exchange of email correspondence. A common clause which is contained in contracts…
One quite often comes across non-refundable deposits in Offers to Purchase properties. In addition most Deeds of Sale contain breach clauses that stipulate that in the event of a contractual breach by the Purchaser that is not rectified within a…
The following transfer duty tariffs shall be applicable from 1 March 2016 on the acquisition of property by all persons: Download the pdf document listing the formula used.
The long awaited Sectional Title Amendment Act 11 of 2010 has finally been published on 7 December 2010. The Amendment Act aims to clarify, define and redefine a number of issues related to the everyday dealings with Sectional Title concepts.…