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What you need to know about occupational rent
What you need to know about occupational rent

Whether you are a buyer or a seller, it is vital that you are familiar with the terms and conditions stipulated in the property sales agreement...

By Adrian Goslett 15 Sep 2017

Concourt judgment a big win for real estate
Concourt judgment a big win for real estate

New homeowners will no longer have to worry about being held liable for historical debt incurred by previous owners...

By Berry Everitt 29 Aug 2017

Taxing income on the sale of properties
Taxing income on the sale of properties

When does income accrue to a taxpayer from the sale of immovable properties in the course of its trade?

By Graeme Palmer 27 Jun 2017

When is tax payable on sale of property?
When is tax payable on sale of property?

The Tax Court in M v the Commissioner for SARS recently addressed the question of when does income accrue to a taxpayer from the sale of immovable properties in the course of its trade...

By Graeme Palmer 27 Jun 2017

Understanding the role of the Rental Housing Tribunal
Understanding the role of the Rental Housing Tribunal

Established during 2001, the Rental Housing Tribunal (RHT) assists in resolving disputes that arise between landlords and tenants...

By Adrian Goslett 22 May 2017

Here's what you need to know about compliance certificates
Here's what you need to know about compliance certificates

Putting a home up for sale takes some preparation on the seller's part as they need to have all of their compliance certificates in order before taking the step of listing their home on the market...

By Adrian Goslett 8 May 2017

By Ollem lins –
How servitude impacts property values

What is a servitude and how can it impact the value of a property?

By Adrian Goslett 5 May 2017

Conveyancing attorneys - their role in a property transaction
Conveyancing attorneys - their role in a property transaction

The change of ownership of an immovable doesn't happen when the Offer to Purchase is signed, or even when the purchase price is paid to the seller...

By Adrian Goslett 18 Apr 2017

Is it possible to terminate a lease agreement without recourse?
Is it possible to terminate a lease agreement without recourse?

There are a number of possible reasons that could arise that lead to a tenant wanting to terminate their lease agreement before it has run it course, however, it is possible for them to get out of a lease agreement without being in breach of the contract?

By Adrian Goslett 17 Feb 2017

Look out for restrictions on your property
Look out for restrictions on your property

Owning a property does not mean that the owner is entitled to do whatever they want to the property...

By Adrian Goslett 15 Feb 2017

By Ollem lins –
The ins and outs of a usufruct

The definition of a usufruct is a legal right given by an owner to someone who is not the owner, to use the owner's property for a certain period, usually for the remainder of that person's life...

By Adrian Goslett 1 Feb 2017

Unpacking the Community Schemes Ombud Service Act
Unpacking the Community Schemes Ombud Service Act

On 7 October 2016, the Community Schemes Ombud Service Act was brought into force, which applies to South Africans living housing schemes, where the use of and responsibility for land and buildings is shared...

By Justine Krige 17 Oct 2016

How to handle a defaulting tenant
How to handle a defaulting tenant

The current challenging economic circumstances have not only had an effect on those wanting to own property...

By Adrian Goslett 18 Aug 2016

Crowdfunding your property - waiting on the law
Crowdfunding your property - waiting on the law

Crowdfunding is shaking up the financing industry in many places across the world, offering an intriguing and innovative option for prospective property investors...

By David de Waal 18 Aug 2016

Can a new owner be liable for old owner's municipal debts?
Can a new owner be liable for old owner's municipal debts?

A judgement by the Supreme Court of Appeal in City of Tshwane Metropolitan Municipality v PJ Mitchell, on 29 January 2016, has opened the way for municipalities to take legal action against a present owner of a property for debts owed to it by former owners...

By Chantelle Gladwin 10 Feb 2016

Estate duty implications for non-resident investors
Estate duty implications for non-resident investors

A new SARS Ruling, Binding Private Ruling 217 deals with the estate duty implications for non-resident individual investors - the key issue being how certain sections of the Estate Duty Act (EDA) would apply...

By Heinrich Louw 28 Jan 2016

Ruling on rates liability of newly subdivided land
Ruling on rates liability of newly subdivided land

The June 2015 case of EM and EM Engineering v KwaDukuza Municipality and Others concerned the liability for rates over newly subdivided land...

By Dylan Bradford 6 Nov 2015

Who should run the courts?
Who should run the courts?

Lady Justice is supposed to be blind, but the wheels of justice still need to turn smoothly and she still needs to pay the bills...

By Nicci Botha 2 Nov 2015

Draft Bill on home defect disclosure needs more teeth
Draft Bill on home defect disclosure needs more teeth

The proposed new legislation which requires estate agents to recommend a home inspection to all prospective buyers is a welcome step towards greater transparency in the buy/sell process. But it doesn't go far enough...

By Ronald Ennik 10 Apr 2015

CPA not applicable to majority of residential property sales
CPA not applicable to majority of residential property sales

Since the promulgation of the CPA on 1 April 2011 there has been debate as to whether the voetstoots clause is permitted by the CPA...

By Chantelle Gladwin 20 Nov 2014

UDZ tax incentive extended for six years
UDZ tax incentive extended for six years

In 2003 the Urban Development Zone (UDZ) tax incentive was introduced under section 13quat of the Income Tax Act, 1962 to promote urban renewal in demarcated areas.

By Graeme Palmer 26 Sep 2014

Mark Brickles
New bill to fast-track property registration welcomed

The news that an electronic deeds registration bill will be introduced to decrease turnaround time and the registration of property is fantastic news.

By Mark Brickles 22 Aug 2014

Landlords need to protect themselves against the Credit Amnesty Act
Landlords need to protect themselves against the Credit Amnesty Act

The Credit Amnesty Act has raised a fair amount of concern in the rental industry especially among landlords and estate agents renting out property to tenants.

By Martin Goodman 30 Jul 2014

City of Johannesburg's Supplementary Roll 11 is unauthorised
City of Johannesburg's Supplementary Roll 11 is unauthorised

COJ recently purported to open Supplementary Roll 11 to the 2008 General Valuation Roll, for public comment. This roll purports to relate to properties that need to be re-valued for the purposes of the 2008 General Valuation Roll, in respect of the period 1 August 2012 to 30 June 2013.

By Chantelle Gladwin 14 Jul 2014

Section 44 of LUPO declared unconstitutional
Section 44 of LUPO declared unconstitutional

Parties aggrieved by municipal land use decisions are no longer able to appeal such decisions at provincial level through the mechanism of section 44 of the Land Use Planning Ordinance 15 of 1985 (LUPO).

By Jyoti Narshi 11 Jul 2014

City of Johannesburg's Supplementary Roll 11 published
City of Johannesburg's Supplementary Roll 11 published

Supplementary Roll 11 to the City of Johannesburg's (COJs) 2008 General Valuation Roll has been released for public inspection and will be open from 25 June 2014 to 8 August 2014.

By Chantelle Gladwin 11 Jul 2014

Temporary VAT relief for property developers
Temporary VAT relief for property developers

A property developer usually holds residential properties as trading stock and therefore accounts for VAT at a rate of 14% on the sale of the developed units.

By Graeme Palmer 3 Jul 2014

Anti-counterfeiting: holding landlords liable for the crimes of their tenants
Anti-counterfeiting: holding landlords liable for the crimes of their tenants

The war on counterfeiting takes place on many levels, not all of them successful. However, there is another frontier where anti-counterfeiting can potentially be very effective - and that is by holding landlords liable for the crimes of their tenants.

By Steven Yeates 24 Jun 2014

Court distinguishes between estoppel and rei vindicatio
Court distinguishes between estoppel and rei vindicatio

Ownership is arguably the most extensive right that persons have with regard to their property. So, if an owner is deprived of its property without a legal cause, the owner is entitled to recover the property from the person in possession of it.

By Amanda Swanson 9 May 2014

Françoise Henderson
A cautionary taal - translation lessons from SA's interpreting failures

Consider again the extraordinary achievements of Thamsanqa Dyantyi, the world's worst sign-language interpreter.

By Françoise Henderson 11 Apr 2014

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