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 up-agents and boosts their confidence and market presence. This confidence and success leads to increased […]
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 15 of 2014 (the “Amendment Act”) is unconstitutional. Section 25(5) of the Constitution of the […]
OVERVIEW ON THE ONUS AND APPROACH TO BE TAKEN BY CONSUMERS IN RESPECT OF METERING DISPUTES
The cost and metering of services supplied to residential and commercial properties are often disputed as consumers normally do not have direct insight or control in respect of the supply, metering and charges for water, electricity and other services supplied to properties or in respect of the testing of the accuracy of meters. This most […]
DEREGISTRATION AND REINSTATMENT OF COMPANIES AND CLOSE CORPORATIONS
A company or close corporation (for ease of reading we only refer to a company hereafter as the deregistration and reinstatement is the same, other than costs of filing and reinstatement which differ as set out below) may be deregistered voluntarily, or by any other third party, provided that the company has ceased to carry […]
AN OBJECTION TO THE REZONING OF A PROPERTY MAY IN CERTAIN CIRCUMSTANCES CONSTITUTE AN ABUSE OF THE RIGHT TO OBJECT
In terms of section 33 of the Town-planning and Townships Ordinance 15 of 1986, “(a)ny person may, within a period of 28 days from the date of the first publication of the notice … lodge an objection with or make representations in writing to the Director in respect of the interim scheme.” However, such a […]
CLOSING THE LOOPHOLE ON BANK FINANCE APPROVALS WHICH PRECEDE PRE-AGREEMENT STATEMENTS AND QUOTATIONS IN TERMS OF THE NATIONAL CREDIT ACT, 2005
It has come to our attention that a number of the major South African Banks are now issuing documents called “a grant quotation”, “an offer issued in respect of a mortgage loan” and certain other documents in terms of which the Banks preliminarily approve a loan to be secured by the registration of a mortgage […]
SECTIONAL TITLES SCHEMES MANAGEMENT ACT
The Sectional Titles Schemes Management Act No. 8 of 2011 (the “Act”) and Regulations came into operation on 7 October 2016. Our previous article on this topic dealt with the additional requirement placed on Body Corporates to establish and maintain a reserve fund sufficient to cover the costs of future maintenance and repairs of common […]
AMENDMENT OF SPECIAL LEVIES CLAUSE IN SECTIONAL TITLES AGREEMENTS REQUIRED IN TERMS OF THE SECTIONAL TITLES SCHEMES MANAGEMENT ACT
The Sectional Titles Schemes Management Act 8 of 2011 (the “Act”) which came into operation on 7 October 2016 had the impact of amongst other amendments repealing section 37 of the Sectional Titles Act 95 of 1986 which section dealt with special levies. We suggest that Sectional Titles Agreements of Sale be amended by inserting […]
NEW PROPERTY OWNERS ARE NO LONGER LIABLE FOR HISTORICAL MUNICIPAL DEBT
In the recent case heard by the North Gauteng High Court, Chantelle Jordaan and Others v The City of Tshwane Metropolitan Municipality and Others, which judgment was handed down on 7 November 2016, it has been held that the provisions of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 are constitutionally […]
COMMUNITY SCHEMES OMBUD SERVICE ACT
The Community Schemes Ombud Service Act 9 of 2011 and regulations came into operation on 7 October 2016. For the first time in South Africa, legislation has been enacted with a view to the promotion of good governance for all community housing schemes. A community scheme, in terms of the act and regulations, is any […]
ESTABLISHMENT OF A RESERVE FUND FOR SECTIONAL TITLE SCHEMES
Sectional title owners are used to contribute levies towards the body corporate’s administration fund, to cover the estimated annual operating costs for repair, maintenance, management and administration of the common property, including reasonable provision for future maintenance and repairs of the common property. This has not changed. In terms of section 3(1)(b) of the Sectional […]
EDUCATIONAL EXEMPTIONS TO NON-EXECUTIVE DIRECTORS OF ESTATE AGENCY COMPANIES
On the 20 June 2016 the Estate Agency Affairs Board (“EAAB”) announced that it will effective immediately allow for persons interested in becoming non-executive directors of “affected estate agency companies” to apply to the EAAB for the granting of an educational exemption against the education requirements for principal estate agents. Non-executive directors may also apply […]
FOREWARNED IS FOREARMED – ESTATE RULES SHOULD BE READ BEFORE BEING AGREED TO
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 of the rules of the estate which limits certain freedoms they would otherwise experience in […]
NEIGHBOUR LAW –NUISANCE, FALLING LEAVES, OVERHANGING BRANCHES, WATER FLOW AND DISPUTE RESOLUTION
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 the approach taken by our courts, the principles of which would need to be applied […]
BUYING PROPERTY IN SOUTH AFRICA
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 of Sale. Once you find a suitable property, the Agent will prepare an Offer to […]
SUPREME COURT OF APPEAL RULING: City of Tshwane Metropolitan Municipality v Mitchell
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 previous owners of the property as long as it has complied with its own by-laws. […]
OMBUD SERVICES FOR SECTIONAL TITLES AND COMMUNITY SCHEMES
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 a new piece of legislation (the Community Schemes Ombud Services Act No. 9 of 2011 […]
BE VIGILANT ABOUT ONLINE FRAUD
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 office will never change or amend our trust banking details. Please contact our office immediately […]
CAUTION – AMENDMENTS TO EXISTING CONTRACTS BY MEANS OF ELECTRONIC COMMUNICATION AND WRITTEN CORRESPONDENCE
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 is the non-variation clause, which clause provides that the agreement may not be varied unless […]
NON-REFUNDABLE DEPOSITS ARE NOT AS NON-REFUNDABLE AS YOU THINK
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 certain number of days, the Seller can cancel that agreement and retain all amounts paid […]
