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
Read MoreSUSPENSIVE 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
Read MoreTHE HOUSE IS MINE, SAYS THE DIVORCE ORDER. NOT SO, ARGUES EX-SPOUSE’S CREDITOR: WHEN IS THE SPOUSE’S TITLE UNASSAILABLE? Fischer v Ubomi Ushishi Trading and Others (1085/2017) [2018] ZASCA 154 (19 November 2018) An interesting conundrum arose in this matter.
Read MoreYesterday the National Assembly adopted the Property Practitioners Bill. The envisaged legislation will repeal the Estate Agency Affairs Act of 1976 and in its stead, will introduce many far-reaching changes to the regulation of the industry. The Bill also intends
Read MoreINCOME TAX QUESTIONS WHEN DEVELOPER SELLS PROPERTY IN ONE TAX YEAR AND REGISTERS TRANSFER IN THE NEXT Milnerton Estates Limited v Commissioner for the South African Revenue Service (1159/2017) [2018] ZASCA 155 (20 November 2018) From an income tax point
Read MoreZERO-RATING THE SUPPLY OF LOW INCOME HOUSING: WHICH PROJECTS ARE EXCLUDED FROM THIS RATING? Commissioner for the South African Revenue Services v Amawele Joint Venture CC (908/2017) [2018] ZASCA 115 (19 September 2018) In September this year, the Supreme Court
Read More