Can Your Complex Cut Off Your Biometric Access Over Unpaid Levies?
“Force is not a remedy.” (John Bright) The facts The owner had two properties in a residential estate in Midrand, one of which she leased to tenants. A dispute had arisen between her and the association over levies and other charges. The association had already sued her in the Magistrates’ Court for the amounts it […]
Renegotiating After You’ve Signed: The Email That Ended a Property Sale
“Words are loaded pistols.” (Jean-Paul Sartre) In June 2018 a couple agreed to buy a house for R1.95 million. The sale was subject to two conditions: that they sell another property within ninety days and obtain a bond for the full purchase price. The other property was sold, but the bank approved a bond for […]
Can Your Neighbour’s CCTV Camera Point into Your Property?
“Good fences make good neighbours.” (Robert Frost) The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became the latest point of contention. The cameras installed at one property had a clear line of sight into parts of the neighbouring property, including a […]
One Bad Letter and Your Eviction Falls Apart
“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and […]
Estate Planning: The Ambush Tax Lurking in the Wings
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a solid foundation for protecting your […]
Considering Using Sequestration to Recover Levies? Think Again
“The only man who sticks closer to you in adversity than a friend is a creditor.” (Evan Esar) Body corporates face a familiar problem. Owners fall into arrears. Levies go unpaid. Legal costs mount. The temptation is to reach for the most forceful remedy available. Sequestration may seem like that remedy. If an owner will […]
Selling Your House This Summer? Get Your Ducks in a Row With This Checklist
“In the summertime, when the weather is high, you can stretch right up and touch the sky.” (Mungo Jerry) Summer’s here with its blue skies, happy holidaymakers from around the country and the world, and, as always, an upsurge in demand for houses. If you’re going to capitalise on this seasonal upswing, start planning your […]
Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a mortgage bond by a specified date. If the deadline comes and goes without a bond being granted, the sale lapses and the buyer is entitled to get their deposit back. Most agreements […]
Rising damp and failed waterproofing: Sellers beware
“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a lack of knowledge” (Extracts from the judgment below) Consider […]
If the Municipality Rejects Your Building Plans, Consider PAJA
“The Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.” (Department of Justice and Constitutional Development) Bureaucratic decisions can and do have far-reaching consequences for us, both financially and in our personal lives. […]