What documentation is needed for buying a property in South Africa?

You’ve scoured the web for what feels like weeks, and you’ve finally found your dream home! You’ve put in your offer, and it’s been accepted. But before you can pack your boxes and move into your dream home, there are certain requirements needed when buying a home in South Africa. Property sales are usually handled […]

Why is it important to deal with collation in your will?

The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality in the distribution of his estate among his descendants (“children”). Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is […]

Buying property online

We all know the hassle of moving, even if it is just around the corner. Due to family reasons, employment opportunities, or university studies, it is not uncommon for people to not only move down the road but also to move to different provinces in South Africa. This is indeed a challenging task, however, technology […]

Renting property under debt review

“I’ve been struggling to pay off my debt and to manage my finances. As a result, I am now under debt review. Can I still rent a property even though I am under debt review?” The answer, in short, is yes. The process of debt review is considered to be a saving grace for those […]

Damage to property

What happens when your property has been purposefully damaged, especially during an altercation? Uber car torching During the road closures by meter taxis in Johannesburg on October 27 2017, two Uber drivers’ cars were set alight. A total of thirty meter taxi drivers were arrested for traffic disruption on the R21 and R24 highways of […]

Important steps for the transfer of property

The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, […]

How to rescue your business

Is your company experiencing financial strain? Are creditors breathing down your neck? Business Rescue proceedings may be a solution to your problems. Business Rescue is an approach that is governed by the Companies Act 71 of 2008 (“the new Companies Act”) with the aim of assisting companies which are experiencing financial strain and are unable […]

How do I get copyright on something?

Whenever someone creates a piece of original work based on their own idea, they are automatically granted copyright on that creation. This includes work produced by authors, musicians, computer programmers, artists etc. Once someone has taken their idea and turned it into material form, they will immediately own the copyright on their work without having […]

The A, B and C of service of legal documents

How are legal documents supposed to be served, and what is regarded as invalid service? Purpose of service of legal documents: The fundamental rule with regards to service is that the court must be satisfied that the defendant or respondent has received these documents and is therefore aware that legal proceedings are being brought against […]

Determining the grounds for informed consent

If a person gives consent without acknowledging, understanding and considering their rights beforehand, is their consent legal and permissible in court? In eviction proceedings, it is questioned whether the granted eviction order may be cancelled after the unlawful occupiers had allegedly consented to it. Occupiers of erven 87 & 88 Berea v Christiaan Frederick De […]