Tag archives: Property

Draft Expropriation Bill published

On 21 December 2018 the government published their Draft Expropriation Bill 2019 for comment by 21 February 2019. As the laws will affect all of us you should read it and consider commenting. The Bill only relates to registered rights and will therefore mainly affect land rights and mineral rights. The government has said that the law … Continue reading

Licence restrictions as deprivation of property

A licence restriction in legislation is not a deprivation of property for the purposes of section 25 of the Bill of Rights unless the right that has been taken away from licensees constitutes a right or interest worthy of protection and is substantial enough that its removal constitutes deprivation. The SA Diamond Producers Organisation complained that … Continue reading

Prescription in contract runs from due date of obligation

Agreements were signed between 31 March and 1 May 2004 for the sale of erven in a newly established township before the township was proclaimed but with municipal permission. The purchasers claimed that the township developers had failed to incorporate certain amenities in the township. Summons was only issued in August 2008. The defendant claimed … Continue reading

Temporary Removal Clause in policies

Insurers are often faced with claims for stock which has been damaged whilst being temporarily held at premises other than the risk address. The temporary removal clause provides cover for property insured whilst temporarily removed from the risk address or location to other premises including whilst in transit. The words “temporarily removed” in relation to … Continue reading

Valuation of property is not an exact science

Valuation is not an exact science. The market value of a property can only be estimated and not precisely determined. A valuer is called on to exercise professional skill and expertise by expressing an opinion on the market value in monetary terms. The market value of a property can only be estimated by a valuer. … Continue reading
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