SIGNING THE SALE AS EXECUTOR: WATCH OUT Bluegrass Trading 1112 CC t/a Rawson Properties v Ramsern and Another (39592/2019) [2021] ZAGPJHC 753 (30 November 2021) Married persons often appoint their spouses as executors in their deceased estates. When acting in
Read MoreAfter three years of intense debate and politicking, the National Assembly yesterday afternoon voted against changing the Constitution to (explicitly) provide for expropriation of land without compensation. Thus the “property clause” in the Constitution, section 25, remains unchanged – for
Read MoreIn the commercial agricultural sector, there existed a longstanding practice in which the holder of water rights who was not utilising the rights, or only using part of the quota, could sell or trade such rights with a third party.
Read MoreRoyal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021) [2021] ZAWCHC 241 (23 November 2021) A sells his Ferrari to B who happily puts down a 40% deposit. B approaches the bank for a short term loan for the
Read MoreTrustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 240 (19 November 2021) In our law, in specific instances, a tenant may claim remission of rental, in whole or in part,
Read MoreTrustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd and Another (304/2020) [2021] ZASCA 157 (5 November 2021) Trustees, as body corporate nominees, have no easy job. This judgment highlights how trustees,
Read MoreLe Roux v Zietsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021) When the Zietsmans purchased a sprawling guesthouse, they were advised by the seller of one or two leaks in the roof which had been fixed. Three months
Read MoreCity of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA) (9 July 2021) The property owners in this matter rented out rooms in their home to students and young professionals, rendering
Read MoreMutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021) There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was
Read MorePatrinos (N.O) v Theresa (883/2021) [2021] ZAFSHC 226 (17 September 2021) In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers
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