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Roads in Private Gated Estates

A number of articles have been published recently about the powers of governing bodies (such as Home Owners Associations) in private gated estates to create and enforce ‘road rules’ within the estate. The interest in this topic resulted to a […]

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Who appoints the Conveyancer?

When a property is sold who has the right to appoint the Attorney to attend to the transfer? Firstly, it is important to be aware that not all Attorneys are Conveyancers. Only qualified Conveyancers may prepare Deeds of Transfer and […]

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Registering Property in the name of a Trust

It has become a fairly popular practice (especially amongst affluent people) to register property in the name of a legal entity such as a close corporation, company or trust rather than in their personal names. A trust is a popular […]

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Registering Property in the Name of a Minor

We are quite often asked for advice on the advisability of registering property in the name of minors (unmarried persons under the age of 18).

Parents sometimes wish to invest in property and register the property in their minor child’s […]

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Title to Property

The two most common types of title to immovable property are Sectional Title and Freehold Title. A freestanding house erected on a single erf in a residential suburb is normally held by freehold title whereas most flats, apartments and units […]

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Neighbour Relations Part 2

As mentioned in Part 1, owners are entitled to use their land as they please provided that they do not infringe on their neighbour’s corresponding right to enjoy and use their own properties.

“Neighbour law” accordingly places certain restrictions on […]

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Neighbour Relations Part 1

This is the first article in a two-part series on neighbour relations.

It is an unfortunate fact of life that some people have little or no regard for the rights of others.

This disregard has, over the years, led to […]

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Fixtures and Fittings

A buyer who purchases immovable property legally acquires the land together with all permanent improvements on the land. Permanent improvements include not only the physical structure but also items, which are permanently attached to the structure. These items are commonly […]

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Voetstoots Clause in Deed of Sale

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold “voetstoots” (as is/as it stands). What is the effect of such a clause? Under the common law […]

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