Issue 04 – 2019

8 March, 2019

BUILDING OBJECTIONABLE, UNSIGHTLY OR DISFIGURING OF AREA? APPLY LEGITIMATE EXPECTATION TEST Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019) This Constitutional Court judgment provides clear guidelines as to the proper import and interpretation of section 7(1) […]

Property Rates Increase? You Can Object

7 March, 2019

General Valuation Roll for 2018 (GV2018) The current General Valuation Roll, known as GV2018, was certified by the City of Cape Town’s Municipal Valuer on 31 January 2019. It contains the municipal valuations of about 875 000 registered properties in Cape Town, as at the valuation date for the new roll, being 2 July 2018. […]

Issue 03 – 2019

22 February, 2019

LEASE WORDING: AGREEING TO AGREE TO RENEW ON NEW TERMS: ENFORCEABLE? Violetshelf Investments (Pty) Ltd v Chetty (24858/18) [2019] ZAGPJHC 1 (28 January 2019) This judgment deals with the scenario where a tenant is granted an option to renew a lease “provided that the parties agree in writing to the rental, conditions and provisions” of […]

Urgent: Chief Registrar Circular 1/2019 | 22 February 2019

22 February, 2019

SUMMARY: CHIEF REGISTRAR CIRCULAR 1/2019 – AMENDMENT TO THE VA PROCEDURE & FORM E CONVENTIONAL TITLES The amendments to the VA procedure take effect on 25 February 2019; Attestation by a notary public is impractical and may cause undue hardship to the public; Publication will be required in a newspaper circulating in the area in […]

Budget News 2019 | 20 February 2019

20 February, 2019

The new Minister of Finance, the Honourable Mr. Tito Mboweni, delivered the National Treasury budget for 2019/2020 this afternoon. Whilst there were no radical changes in the tax sphere, the following stand out: A small adjustment to income tax thresholds. No adjustment in the income tax brackets for individuals (no inflationary adjustment). No adjustment in […]

East London Office – IT Issues | 20 February 2019

20 February, 2019

Please note our East London office is experiencing IT issues and as a result have no access to e-mails. We will notify you as soon as the problems have been addressed. In the interim, please contact the branch telephonically on 043 721 1234 or 043 721 0656 to arrange lodgement of matters or for any […]

Issue 02 – 2019

15 February, 2019

ONCE-OFF LENDERS NEED TO REGISTER WITH CREDIT REGULATOR Du Bruyn NO and Others v Karsten (929/2017) [2018] ZASCA 143; 2019 (1) SA 403 (SCA) (28 September 2018) For a while now in our law, there was some uncertainty whether or not a person who makes a once-off arm’s length loan to another really needs to […]

Prohibiting Short-Term Letting In Sectional Title Schemes

12 February, 2019

Two investors bought properties in a sectional title scheme, specifically for purposes of generating an income from short-term letting. When the properties were purchased there was no prohibition on short-term letting. However, at an annual general meeting held during 2017, a special resolution was adopted by members of the sectional title scheme in terms of […]

Issue 01 – 2019

1 February, 2019

SUSPENSIVE CONDITION FULLFILLED? ESTATE AGENCY SUCCESSFULLY CLAIMS COMMISSION PG Sharedealing (Pty) Ltd v First Realty Randburg (Pty) Ltd t/a Chas Everitt International Property Group (A5058/2017) [2018] ZAGPJHC 645 (3 December 2018) This judgment dealt, amongst other things, with the question whether an estate agent exercised a discretion afforded to it to extend a bond due […]

Lost Title Deeds and Mortgage Bonds

29 January, 2019

Please note the amendment to Regulation 68(1) and 68(11). From 25 February 2019 onwards, if you have lost your title deed and want to apply to replace it, the application must be published in the Government Gazette. It then has to lie for inspection at the Deeds Registry for two weeks allowing any interested party […]

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