Leases in Lockdown: Are we liable to pay rent?
A legal issue receiving almost constant attention since the lockdown commenced is the liability of commercial tenants for rental of their business premises during the Lockdown (including the more relaxed Alert Levels). There are many factors which have affected our advice, namely the terms of the lease agreement, as well as the nature and operation more...
COVID-19: Property transactions, the Deed’s Office and the Master’s Office during lockdown
Previous articles have been published by us advising on the impact of COVID-19 and the national lockdown on our daily lives, including that on business and legal practitioners. This article focuses on how the lockdown will affect property transactions as well as the administration of estates.
Can I hold a seller liable for defects in a property I bought?
There is no easy answer to this question. There are many variables that must be considered before it can be established whether you have a claim and if so, what your claim is for. Different types of defects The seller is, by law, obliged to disclose any defects in the property of which he or more...
NEWS FLASH: replacing your lost or destroyed title deed or bond document is about to get more onerous and expensive!
Regulation 68 of the Deeds Registries Act 47 of 1937 has been amended. This regulation is used to apply for new title deeds, registered leases or cessions and bonds, amongst other things, when the original has been lost or destroyed. This amendment will come in to force on 2 January 2020. The implications of the more...
Property registered in her name but he paid for it, so who does it belong to?
An Irish man and a South African woman met and fell in love in Ireland. They relocated to South Africa where he purchased a property that he registered in her name. He did this because she led him to believe that as a foreigner with no permanent residency, he could not own property in South more...
Buying a home free of historical debt
In January 2016, the Supreme Court of Appeal (SCA) held in City of Tshwane Metropolitan Municipality v PJ Mitchell, that the current owner of a property could be held responsible for debts incurred by a previous owner with regard to municipal debts services supplied to the property prior to transfer. This decision was made more...
To buy property with an existing tenant or not, that is the question!
When a property is purchased while there is a tenant in occupation, the tenant has certain rights. Potential purchasers need to be aware that the lease agreement remains in place despite the change of ownership of the property until such time as the lease expires. This means that the lease will survive the sale and more...
Getting your doc’s in a row…..how to authenticate documents in and out of South Africa.
This is a guide to assist you when you are required to sign or legalise documents outside of South Africa to be used within, or vice versa which should ensure that your documents are legally valid: Signing/Executing documents within South Africa for use outside South Africa: Where countries are party to The Hague Convention: Documents more...
What’s the big deal about unapproved building plans?
Buying and selling property is a hugely stressful event. For this reason, people rely strongly, perhaps too strongly, on the people assisting them with the sale when signing the Sale Agreement. All too often, both Seller and Purchaser are guilty of signing Sale Agreements without necessarily reading, or fully understanding, the conditions in that particular more...
Withholding tax – implications when the seller of immovable property is non-resident
You have decided to take the big step of buying a property, but before putting in an offer, you read the Agreement of Sale. One of the clauses is headed, “Withholding Tax”, or something similar and you wonder what it would mean to you? Briefly, Section 35A of the Income Tax Act, is a control more...
Can my view be taken away from me?
You have just taken transfer of your dream home. It’s single storey, north facing so it gets the sunshine and has breath-taking views. One day you notice that your neighbour is renovating. This doesn’t concern you as it will add value to your property. However, you soon realise that they are not only building outwards, more...
Can the current owner of a property be held liable for the previous owner’s municipal debt?
You’ve just taken transfer of your dream home. You’ve moved in and introduced yourself to your new neighbours. You’ve even set a date for your house warming and invited all your friends. Everything is better than you ever imagined. But then, you receive a letter from your municipality demanding back payment of substantial unpaid debts more...