Publications

The right of first refusal

21 November, 2017

A simple assumption unleashes unintended chaos A right of first refusal is an ancillary or collateral agreement whereby one person binds himself to give preference to another person should he or she decide to sell his property. Most of us have encountered sale or lease agreements with a right of first refusal. These clauses often […]

Issue 33 – 2017

17 November, 2017

LAND EXPROPRIATION: DETERMINING VALUE OF THE LAND FOR COMPENSATION Uys N.O and Another v Msiza and Others (1222/2016) [2017] ZASCA 130 (29 September 2017) Should the future development potential of land to be expropriated be accounted for in the calculation of the market value of the property when determining the compensation to be awarded to […]

Pretoria Deeds Officie | 15 November 2017

15 November, 2017

The Pretoria Deeds Office has confirmed that the last day for registration will be 21 December and that their offices will also close on this day. It is likely that the volumes of transactions lodged for registration will increase in the countdown to year end and this will definitely impact on turn-around times in that […]

Your current bond over a home you are selling

14 November, 2017

When immovable property is sold, it is in most instances the purchaser that is liable for the costs of the transaction, ie to register transfer of ownership into his name. However, where the seller has a bond over the property that was sold, the seller is liable for the costs of the separate, but related, […]

Dealing with a deceased’s immovable property

7 November, 2017

The legal requirements that ordinarily apply to the sale of land, also apply to property that is sold out of a deceased estate, namely that the agreement must be recorded in writing and be signed by both the seller and the buyer, either personally or by an agent authorised in writing to sign on that […]

Issue 32 – 2017

3 November, 2017

UNPAID RENTAL – WHEN A TENANT CANNOT CLAIM SET OFF Tudor Hotel Brasserie and Bar (Pty) Ltd v Hencetrade 15 (Pty) Ltd (793/2016) [2017] ZASCA 111 (20 September 2017) This matter addresses issues surrounding set-off of rental where a tenant argues that it did not receive vacant occupation of the entire leased premises. The lease […]

Taxed when making donations?

31 October, 2017

In South Africa we are subject to donations tax, so simply giving away or selling your assets for less than their actual market value, with no obligation to receive payment in return, may create a tax liability. Donations tax is payable at a rate of 20% on the value of a property and must be […]

Blacklisted due to a judgment? Apply for Rescission

24 October, 2017

Consumers applying for credit are sometimes denied access to financing due to judgments appearing against their name, often without their knowledge. Relief can be obtained in applying for a rescission of that judgment in the event that the consumer has settled the debt to which the judgment relates. Alternatively, if the judgment was erroneously noted […]

Issue 31 – 2017

20 October, 2017

PRE-EMPTIVE RIGHTS: ‘IN WRITING’ NO LONGER A REQUIREMENT? Mokone v Tassos Properties CC and Another (CCT113/16, CCT291/16) [2017] ZACC 25; 2017 (10) BCLR 1261 (CC); 2017 (5) SA 456 (CC) (24 July 2017) It has for long been a rule of our law that pre-emptive rights relating to the sale of immovable property must be […]

Don’t miss due dates

17 October, 2017

Agreements typically have clauses requiring the parties thereto to do certain things by certain due dates, with consequences attached to non-compliance. The phrases ”business days” or “calendar days” are often used, but sometimes parties just refer to “days”. Section 4 of the Interpretation Act states that if an agreement does not specifically say whether it […]