Who Holds the Switch? SCA Rules on Electricity for Farm Occupiers
The tension between private property rights and the statutory protections of farm occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA) remains one of the most litigated areas of South African land law. While ESTA guarantees tenure security and prevents arbitrary evictions, modern jurisprudence continues to refine what “habitable conditions” mean […]
Legal Distinction Between Private and Public Roads
A private road is defined as one that is not open to the public and is intended for the use of specific individuals, such as the owners or occupiers of the properties it serves. The term “private” inherently excludes public access, as established in Berdur Properties (Pty) Ltd v 76 Commercial Road (Pty) Ltd, where […]
The Developer’s Handshake: When Buying a New Property Changes Your Tax Bill
When you walk into a modern development, the smell of fresh paint and polished finishes welcomes you into a space that feels ready to be lived in. But before the move-in day, there are tax and legal steps that need to be completed to finalise the deal. What makes it more complex is that, in […]
All Our Trustees Have Resigned. What Now?
What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue exercising the function and powers of the body corporate, which is entrusted to the trustees by virtue of the Sectional Title Schemes Management Act 8 of 2011 (STSMA)? The […]
Understanding homeowners associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their individual properties, the HOA maintains and oversees communal infrastructure, such as roads, security systems, […]