New Land Claims put on ice after Constitutional Court ruling
All new land claim applications have been frozen in the wake of the Constitutional Court declaring the Restitution of Land Rights Amendment Act (“the Amendment Act”) invalid in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others. The Restitution of Land Rights Act 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...
Do I really need to provide compliance certificates when I sell my house?
You have reached the big decision to sell your house. You find a Purchaser, but notice in the Deed of Sale that various compliance certificates must be acquired and paid for by you, the Seller. What are these Certificates and do you really need them? There are five certificates that may have to be supplied more...
News Flash: More Changes to the Prescribed Rate of Interest
After remaining at 15.5% for 21 years (since 1993), the Prescribed Rate of Interest was changed to 9%, as of 1 August 2014. However, it would appear that the legislature has now sought to further underline the rate’s correlation to the repurchase rate (“repo rate”), with the Judicial Matters Amendment Act 24 of 2015 (“the 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...
Foreign Land Ownership in South Africa – The Regulation of Land Holding Bill
At the 2015 State of the Nation Address, delivered on 12 February 2015, President Zuma announced the introduction of the Regulation of Land Holdings Bill. His announcement was met with confusion and outcry from both local agricultural land owners and investors abroad. From the President’s address and a statement released by the Presidency in the days following more...
Does a promise automatically translate into ownership?
You are in a loving relationship that is going to last forever. So when your partner promises you a house, it doesn’t occur to you to insist that it be transferred into your name. Years later, the happy relationship is no more and the house that was promised to you has been sold to someone more...
Land Use at the intersection of local, provincial and historical perspectives
Shelfplett 47 (Pty) Ltd v MEC for Environmental Affairs & Development Planning and Another (16416/10) [2012] ZAWCHC 16 (5 March 2012) An appeal to the Western Cape High Court was successful for the owner of property in Plettenberg Bay that claimed an old guide plan could not be enforced because it was founded on race-based more...
Is it legal that my neighbour’s renovations reduce or even obliterate my view?
You've 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...
The importance of validly approved building plans
In the recent case of Matthew Robert Michael Lester v Ndlambe Municipality and High Dune House (Pty) Ltd (514/12) [2013] ZASCA 95, the Supreme Court of Appeal considered an application to demolish a residential home as its building plans had not been approved by the relevant municipality. The Appellant had begun to build a bigger more...
Compliance Certificates and Transfer of Property
There are now 5 compliance certificates that must be obtained before a transfer of property is registered, namely Electrical, Electric Fence, Gas, Water / Plumbing and Beetle Certificates. The following table sets out further information regarding these certificates. Certificate Description Governing Law Period of validity Can parties contract out of the certificate requirement? Electrical Certifies more...