In the event of someone being married where the laws of South Africa apply, without an antenuptial contract, such person is automatically married in community of property. Only if an antenuptial contract is registered in the relevant Deed’s Office would…
The Electronic Deeds Registrations Systems Act 19 of 2019 (the “Act”) was enacted and signed by the President on 19 September 2019. The Act is not yet in force and will become effective on a date to be proclaimed in…
In the case of Terry and Another v Solfafa and Others (2263/2019) [2019] ZAFSHC 143 (29 August 2019) the applicants (Mr. and Mrs. Terry, hereinafter referred to as the “Purchasers”) requested that the court order that a property they purchased…
DVH Value Added Service: Our offices offer the added service of attending to Council for opening or closing of City of Johannesburg accounts on your behalf for a nominal fee. Download the pdf document to read more..
Recently in the press and on the television there has been much discussion about the voetstoots clause in property transactions particularly in light of the promulgation of the Consumer Protection Act which does not allow a voetstoots clause in an…
A number of complications arise with cross-border transactions, such as jurisdictional issues for example. Generally speaking, signing a document or contract overseas when it is intended to be used in South Africa does not invalidate such document. However, if the…
Cluster Developments are usually approved in terms of the Municipal Planning By-Laws of the Local Authority in question with a condition that an Owner’s Association (hereafter “OA”) must be established. In addition, there must be a matching condition in the…
The Property Practitioners Bill, 2018 is intended to replace and repeal the Estate Agency Affairs Act of 112 of 1976 and is intended to govern amongst others estate agents. It was introduced to the National Assembly on 14 June 2018…
We previously published articles in respect of the case of Singh and another v Mount Edgecombe Country Club Estate Management Association 2 (RF) NPC and others [2016] JOL 35169 (KZD) (the “First Case”) discussing amongst others the legality and enforceability…
From 1 March 2019, Conveyancers are required to invest trust funds on behalf of clients in terms of section 86(4) of the Legal Practice Act 28 of 2014 instead of section 78(2A) of the Attorney’s Act 53 of 1979 (as…