Tag archives: Property

Replacement of directions relating to the once-off movement of persons and transportation of their goods

By Carina van Vuuren and Jolene Ellish on May 18, 2020 Posted in General

The directions in terms of the Disaster Management Act relating to the movement of persons and goods which were issued on 7 May 2020 have been revoked and replaced. The new directions issued on 14 May 2020 offer more flexibility because the movement of persons is no longer restricted to residential property only. The new … Continue reading

Relaxation of regulations for the property sector

By Carina van Vuuren, Elizabeth McCaul and Jolene Ellish on May 13, 2020 Posted in General

Under Alert Level 4, people can move house, the deeds office will soon reopen, and municipalities will resume functions, including the issuing of clearance certificates and meter reading. On 7 May 2020 separate directions in terms of the Disaster Management Act relating to Municipal Governance operations and the movement of persons and goods were issued. … Continue reading

The opening of the deeds office, or not

By Elizabeth McCaul on May 4, 2020 Posted in General

The Regulations to the Disaster Management Act published on 29 April 2020, include the 11 Deeds offices in South Africa as an essential service under Alert Level 4. However, deeds offices may need some time to implement workplace safety measures before they are able to formally open again, and therefore the backlog in deeds registrations … Continue reading

Effect of lockdown regulations on landlords and tenants

By Daniel Breier on March 27, 2020 Posted in General

What is the effect of clauses 11B(1)(b), (c) and (d) of the lockdown regulations which read: “(b) All businesses and other entities shall cease operations during the lockdown, save for any business or entity involved in the manufacturing, supply, or provision of an essential good or service. (c) Retail shops and shopping malls must be … Continue reading

You don’t have to own property to sell it

By Patrick Bracher (ZA) on November 28, 2019 Posted in General

The South African Supreme Court of Appeal has again reminded us that it is not a requirement for a valid contract of sale that the seller must be the owner of the thing sold. Although the parties to a contract of sale usually contemplate the transfer of ownership, this is not an essential feature of … Continue reading

Draft Expropriation Bill published

By Patrick Bracher (ZA) on January 25, 2019 Posted in General

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

The risk of owning an incorrectly numbered sectional title unit

By Junaid Nabbie on November 16, 2017 Posted in General

Prospective buyers of sectional title units should not only inspect the property for defects, but ensure they are buying the correct property. Before entering into an agreement of sale, sectional plans should be requested from the developer or seller to confirm the location and description of the property. Although uncommon, there is a real risk … Continue reading

Licence restrictions as deprivation of property

By Patrick Bracher (ZA) on August 10, 2017 Posted in General

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

By Denushka Naidoo on April 7, 2016 Posted in General

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

By Craig Woolley on April 7, 2016 Posted in Insurance

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

What is property damage under an all-risks policy?

By Patrick Bracher (ZA) on March 11, 2016 Posted in Insurance

A US insured suffered losses when the seal on a bottled beverage it was producing for another company failed quality control measures. A US court of appeals found that the losses were not covered by the “all-risks” property insurance policy because the losses were not physical loss or damage. The insured was to produce 40 million … Continue reading

Valuation of property is not an exact science

By Kirshia Rohita on April 3, 2014 Posted in General

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