Different types of home loans
In today’s economy, homebuyers often struggle to scrape together the money needed in order to buy their dream homes. Therefore, home loans have become so popular among prospective home buyers. New home loan providers noticed this and entered the mortgage lending market in order to satisfy this demand. Prospective home buyers are now spoiled for […]
How do our courts interpret Wills and Testaments?
It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves a will or a testament, it is the duty of the court interpreting the will or testament to make an order that obeys the wishes of the testator as […]
Moving Out? What tenants need to do before moving out
We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in day. As stressful and time-consuming as moving might be, it can also be exciting as you are moving on to better and greater things. However, […]
Sale of Property agreements: Types of clauses
Non-refundable or Forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under the impression that they will be entitled to all of the non-refundable deposit or monies already paid to the conveyancer on account of the purchase price […]
Homeowner’s insurance for landlords
Apart from paying off a bond on a rental property, property investors/landlords are usually also paying for homeowner’s insurance. What is homeowner’s insurance? Homeowner’s insurance covers the property owner against damages to the structure of the property. This damage could be caused by flooding, fire, wind, hail or other natural causes. However, the above is […]
Who will take care of your children after your death?
The Children’s Act, 38 of 2005 (hereinafter referred to as the Children’s Act) governs the laws relating to the care, contact and the protection of children. The guiding principle, in all matters, is the best interest of the child. Section 27 of the Children’s Act states: Assignment of guardianship and care: (1) (a) A parent who […]
Matrimonial property regimes
My partner and I are getting married soon and have heard about the different matrimonial property regimes one can enter but I am not sure what the difference is and what each one entails. There are three types of matrimonial property regimes in South Africa. The three are marriage in community of property, marriage out […]
The South African law of succession
Mr Reyneke owns a farm in South Africa and in terms of his last will and testament he bequeathed the said farm to his two sons in equal shares. Mr Reyneke died in 2019 and the executor of his estate requires clarification concerning the farm and the two sons. Firstly, the distribution of a person’s […]
Landlords & tenants: Can a tenant cancel a lease?
When it comes to cancelling a lease early, both landlords and tenants must be aware of their responsibilities. It’s important to note that the Consumer Protection Act (CPA) has been put in place to protect consumers and it has changed the way that South Africans do business. The CPA also protects tenants in cases where […]
Land Expropriation Bill
During 2018, the African National Congress (ANC) announced its intention to drastically speed up the land reform process in South Africa when President Cyril Ramaphosa announced that he would be proposing changes to section 25 of the Constitution of the Republic of South Africa (“the Constitution”) to allow for the expropriation of land without compensation.In […]