5 Things landlords should know

5 Things landlords should know

Since evicting a tenant ranks among landlords’ biggest concerns, these are the top 5 things eviction attorneys wish landlords knew about evictions: 1. Ownership rights outweigh occupation rights While there are procedures in place pertaining to residential evictions,...
Does voetstoots still protect the seller?

Does voetstoots still protect the seller?

The Supreme Court of Appeal confirmed in Odendaal v Ferraris that the age-old Voetstoots provision in a contract is still valid and enforceable. But what does this really mean? Where a seller sells to a purchaser a property and it is an express term of the agreement...
How Divorce affects Immovable Property

How Divorce affects Immovable Property

Divorces are already loaded with emotion, hurt and usually frustration. Just to add some extra stress, immovable property that forms part of a joint estate, can lead to excessive fisticuffs. Numerous divorce orders are being granted on a daily basis, merely stating...
Sale of Property: The Seller’s Guide to Costs

Sale of Property: The Seller’s Guide to Costs

As the cost of selling property in South Africa can be significant, every owner should consider and estimate the charges that are associated with a sale before the final decision to sell the property is taken. Taking these charges into consideration, could be the...
Ownership – a collection of rights

Ownership – a collection of rights

“Landlords’ rights are not protected by the South African legal system”. This is a comment that is heard very often when having any conversation regarding property law. It is crucial to understand the rights pertaining to property ownership to appreciate the...
Disconnection of Electricity Supply

Disconnection of Electricity Supply

On 14 April 2015, the Western Cape Division of the High Court handed down judgment in a matter, which caused a great stir in the property industry. In this matter the court granted an order authorising the property owner to terminate the electricity supply to the...