DTS Attorneys – Law Firm in Port Elizabeth

Property owners: Your rates could quadruple for unauthorised land use

  “The said penalty… was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and the duty) to regulate land use in their areas, and amongst other sanctions, properties that are used unlawfully or without authorisation can be subjected […]

What Can You Do When Someone Close to You Has No Control Over Their Spending?

“A prodigal is a person who, through some defect of character or will, squanders his or her assets with such abandon that he or she threatens to reduce himself or herself and/or her dependents to destitution” (extract from judgment below) What can you do when someone you know (often but not always an elderly relative […]

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a […]

Property Owner and Body Corporate Liable After Child’s Electrocution?

A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable […]

3 Steps to Buying Your First House

“Happiness is… buying your first home” (Anon) Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived! The financial bonus of course is that […]

How The New Property Practitioners Act Affects You

“… a property is an asset to enhance economic activity, growth and development…” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article we’ll concentrate only on aspects of […]

Property Sellers: Why, How And When To Choose Your Own Conveyancer

“A great deal is at stake in the transfer of fixed property. It is generally the largest single asset that a person owns and the transaction for the purchase or sale of a fixed property is probably the most important contract undertaken by individuals” (Law Society of South Africa) For many of us, our home […]

When Bond Clauses Sink Sales

Selling or buying a house is a time of excitement and the culmination of a lot of time and effort on your part, so as soon as the ink dries on your signed sale agreement you will want the transfer process to get underway, and you will want it to keep going without a hitch. […]

Buying and Selling Property: Nine Important Questions

When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing with quite possibly your most important asset! To help you navigate the process, as either seller or buyer, here […]

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps by changing locks or disabling access codes. From the High Court comes another timely warning that you cannot resort to self-help without […]

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