What happens to your lease agreement when the leased property is sold?

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  What happens to your lease agreement when the leased property is sold? The huur gaat voor koop rule When a lease agreement is concluded between two parties (a lessor and the tenant), the tenant acquires use and enjoyment rights to a property against payment of a rental. The question arises: if the lessor-owner sells […]

How the law regulates liability for dog bite injuries

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  How the law regulates liability for dog bite injuries The case of Van Meyeren v Cloete, heard by the Supreme Court of Appeal (“the SCA”), dealt with a dog owner’s liability for injuries caused by his or her dogs. Facts: Cloete was walking down the street collecting rubbish and offering gardening services when he […]

CONVEYANCING IN LOCKDOWN / COVID-19

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  “Get yourself a comfortable pair of shoes;  you will be doing a lot of walking!” is a tip most Candidate Attorneys hear when they begin their articles. This advice rings true for Conveyancers, Deeds Office Clerks, Candidate Attorneys, and also the conveyancing paralegals, especially during recent weeks! One should also have a mask, sanitiser […]

POPI is Here: What Does This Mean For Me or My Business?

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On 1 July 2020 the main substance of the Protection of Personal Information Act 4 of 2013 (commonly known as “POPI”) came into operation. The Act outlines how parties who handle an individual’s personal information need to protect this information and provides for some severe-sounding sanctions if this is not done.  This article will attempt […]

Update From The Managing Partner

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  “The tiny seed knew that in order to grow, it needed to be dropped in dirt, covered with darkness, and struggle to reach the light.”  – Sandra Kring   It is a month since our last newsletter and, as of 1 June 2020 we have moved to Lockdown Alert Level 3. Our doors are […]

What Is A Usufruct?

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With many South Africans encouraged to practise social distancing to help ‘flatten the curve’ of the coronavirus contagion, there is a focus on planning ahead for your future, executing a valid will or updating an existing will.  When we are dealing with estate planning usufructs are often considered when we want a vulnerable family member […]

Immovable Property Update

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IMMOVABLE PROPERTY UPDATE BUDGET 2020 Please take note that during the National Budget Speech that took place on 26 February 2020, it was announced that for the first time in 3 years, the transfer duty exemption threshold for the sale of immovable property has increased to R 1 million. This will be effective for all […]

How does the law provide you with protection in your relationship?

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There are a growing number of people, in South Africa and around the world, that live in long-term, intimate relationships that are akin to marriage without this relationship being formalised in law. This may be a conscious decision on behalf of the parties to avoid the consequences of marriage or it may be because the […]

Notaries: How do they differ from other attorneys?

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While most legal matters can be attended to by attorneys, some matters can only be dealt with by notaries. A notary is also an attorney, but has undertaken certain further studies, passed further exams and brought an application to the High Court to be admitted as a notary. A notary is subject to strict norms […]

Update: Lost title deeds

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In February 2019 the Chief Registrar of Deeds issued a circular to announce that the Deeds Registries Regulations Board (the Board) had decided to suspend the implementation of the amendments to regulation 68 of the Deeds Registries Act 47 of 1937 announced in February 2019. However on 1 November 2019 the Minister of Rural Development […]

Purchase of immovable property by a company to be formed

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Section 21 of the Companies Act 71 of 2008 (“the Act”) provides for an exception to the common law rule that a person cannot bind a non-existent principal. The Act provides in Section 21(1) that a person may enter into a written agreement on behalf of a company not yet in existence at the time. […]

The age old question surrounding fixtures and fittings: What stays and what goes?

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When selling their properties, sellers are not always aware of the rules around fixtures and fittings and what should stay and what may be removed. The “golden” rule in South African property law is that everything built on or attaching to the land, forms part of the land. The rule aims to protect land ownership […]

Antenuptial contracts: Financially safeguarding yourselves

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Getting married is more than just saying “I do” and choosing a wedding cake: you must also choose a marital property regime. This is not planning for divorce, but rather, planning for one’s future! There are three marital regimes to choose from, each with their own advantages and disadvantages: Marriage in community of property: your […]

Property Practitioners Bill

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The Property Practitioners Bill has officially been signed by the President on 2 October 2019, however, the commencement date has not yet been decided. The Act will replace the 43-year-old Estate Agency Affairs Act and provide for the continuation of the Estate Agency Affairs Board, to be known as the Property Practitioners Regulatory Authority (“the […]

Do employees have the right to practice their religion?

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In a matter that was heard before the Labour Court, the employer dismissed the employee for incapacity after the employee had refused to work on Saturdays on account of her being a member of the Seventh Day Adventist Church. The employer, who conducts business as a logistics and transport service provider, required stock-taking to be […]

Who will take care of your children after your death?

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The Children’s Act allows a parent who is the sole guardian or who has the sole care of a child to appoint a fit and proper person as the guardian or person or to be vested with the care of the child in the event of the death of the parent. This appointment must be […]

Residential Lease Agreements

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Are you considering renting out your house or flat, or perhaps just a room? Investing in a well-drafted lease agreement and knowing your rights and obligations can save you a lot of trouble in the long term. Why you need a well-drafted lease agreement: In order to keep costs down, many landlords resort to making […]

Relocating to South Africa

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Moving to a new country entails more than just packing your bags and boarding a plane. If you are contemplating a more permanent move to South Africa, applying for the correct visa should be at the top of your list of priorities. If you are merely visiting South Africa, a Visitor’s Visa will be required […]

Register your solar panel with the City of Cape Town

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The City of Cape Town announced at the end of 2018 that the failure to register your solar panel with the City of Cape Town before 28 February 2019 may result in heavy fines being imposed, additional service fees and disconnection of electricity. The registration date has now been extended to 31 May 2019 and […]

The impact of the Competition Amendment Act

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by Caitlin Harvey Competition law in South Africa is an area of law that aims to maintain and promote competition in the South African market. Since 1998, competition law in South Africa has been regulated by way of the Competition Act (“the Act”). It is relevant to many businesses, as companies naturally compete with each […]