DOES ABSENCE OF APPROVED PLANS AND OCCUPANCY CERTIFICATE INVALIDATE A LEASE? Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170; 2018 (3) SA 95 (SCA) (1 December 2017) The Supreme Court of Appeal was asked here
Read MoreTRANSFER DUTY CALCULATION: ARRANGEMENT TO SEPARATE BARE DOMINIMUM AND HABITATIO MAY REMAIN A SINGLE TRANSACTION ATTRACTING HIGHER TRANSFER DUTY Commissioner for the South African Revenue Service v Short and Another (A289/2017) [2018] ZAWCHC 9 (7 February 2018) Structuring a property
Read MoreMARITAL STATUS: AVOID THESE PITFALLS WHEN CONCLUDING AGREEMENTS Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18 (19 February 2018) Most people are generally aware that in some large transactions, if they are married in community of property, they
Read MoreIS A HARD-HITTING CONTRACTUAL TERM CONSTITUTIONALLY UNFAIR AND HENCE UNENFORCEABLE? Mohamed’s Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd (183/17) [2017] ZASCA 176 (1 December 2017) X had regularly, for 35 years, maintained rental payments under a
Read MoreROAD RULES IN HOMEOWNERS’ ASSOCIATIONS: NEWS! Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others (AR575/2016) [2017] ZAKZPHC 48 (17 November 2017) To make provision for its residents, be it the elderly, those
Read MoreWe all know that our law requires that there must be consensus regarding all material terms for a valid agreement to come into effect. But consider this: Jack makes a written offer to purchase John’s property. John accepts the offer,
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