Are you using your residential property for an unauthorised or illegal purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]

Understanding mortgage bond cancellation: Key steps and considerations

In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1: Notice of cancellation Initially, the property owner must submit a written notice of intent to cancel the bond to […]

Deciphering the dilemma: To sell or not to sell your property amid financial strain

Given the current economic climate, many homeowners in South Africa might find themselves facing the challenge of keeping up with their monthly bond repayments. In such instances, it may be tempting to consider selling the property to relieve financial pressure. However, before you make a hasty decision, it is crucial to understand all the factors […]

Exercise of rights and obligations under a praedial servitude

A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s property or to insist that such other person shall refrain from exercising certain entitlements following from his or her right of ownership over and in respect of his or her property which he or she […]

The increasing importance of Fidelity Fund Certificates

Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Property Practitioners Act, 22 of 2019, may have certain questions regarding the application process to obtain the Certificate, its issuing from the Authority and any disqualifications from issuing, its amendment, withdrawal, and lapse thereof. A Property […]

Will solar power increase the value of your home?

The upfront investment is high, which you’ll want to recover when you sell Stage 6 loadshedding is now firmly in effect, many South Africans are without power for up to 12 hours each day, and the threat of Stage 8 blackouts looms large on the horizon.  It’s no wonder then that many households are turning […]

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]

An overview of the Property Time-sharing Control Act and the vacational ownership / time-share industry. Part 2

In 2018 the National Consumer Commission (NCC) investigated the vacation ownership and time-share industry after various consumer complaints were submitted to the Consumer Protection Tribunal. [1] The majority of the complaints received and raised during the enquiry related to the inability to cancel these so-called “life-long” contracts with clubs, the forfeiture of points on cancellation […]

Compliance certificates required when selling a property

There are six compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The Electrical Installation Regulations under Section 43 of the Occupational Health and Safety Act, sets out the requirements for obtaining a valid […]