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Filter: Property
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

05 July 2024,  Lizanne Maritz

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. 

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Article
Is There a Need for Sectional Ownership?

03 June 2024,  Grant Hill

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional... ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society.

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726
Article
The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 2

03 May 2024,  Marilie Beukes

When considering the subdivision of agricultural land or dealing with inherited farmland that may be subject to disputes, there are... several important factors to keep in mind. The Subdivision of Agricultural Land Act No. 70 of 1970 regulates the subdivision of agricultural land and elaborates on various aspects within the Act. This includes definitions relevant to the operation, actions that are excluded and prohibited by the Act, and rules governing the succession of subdivided agricultural land.

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329
Article
How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected a Recent Property Dispute Case

03 May 2024,  Lizanne Maritz

In essence, the phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According... to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period that, when combined with the possession periods of their predecessors in title, totals 30 uninterrupted years.

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351
Article
Understanding Tenant Rights to Property Possession

04 April 2024,  Hesri Eloff

It often happens that a tenant, for whatever reason, refuses, neglects or is unable to pay rent and falls into... arrears. A landlord, frustrated with the tenant and the legal eviction process, may be tempted to find ways to get rid of the tenant. Cutting off water and electricity, changing locks, and using intimidation tactics are just some of the examples being used by landlords to dispossess a tenant. 

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Article
Understanding Your Rights: Breach and Penalty Clauses in Property Agreements

06 March 2024,  Meerushini Govender

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain... clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the transaction. Understanding these key provisions is essential for ensuring that the interests of both the buyer and seller are protected and that the purchase process proceeds smoothly and transparently.

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