Property Law Update Archives - Page 16 of 28

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Property Law Update | Issue 02 – 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

Property Law Update | Issue 01 – 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

Property Law Update | Issue 20 – 2018

THE 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.

Property Law Update | Issue 19 – 2018

INCOME 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

Property Law Update | Issue 18 – 2018

LENDERS: IF IT IS A “CREDIT TRANSACTION”, REGISTER OR THE LOAN IS VOID Du Bruyn NO and Others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018) For some time now there has been confusion whether it is necessary for

Property Law Update | Issue 17 – 2018

TITLE DEED CONDITION ALLOWING RE-TRANSFER OF PROPERTY IF OWNER DOES NOT BUILD ON TIME: CAN THIS REVERSIONARY RIGHT PRESCRIBE? eThekwini Municipality v Mounthaven (Pty) Ltd (CCT 05/18) [2018] ZACC 43 (31 October 2018)) Municipalities regularly sell vacant property to developers

Offshore Property and South African REITs

REITs, or real estate investment trusts, are companies that own or finance income-producing real estate in a range of property sectors. These companies have to meet certain requirements to qualify as REITs. Most REITs trade on the major stock exchanges

Property Law Update | Issue 16 – 2018

BONDED PREMISES: DOES THE BONDHOLDER OR OWNER SUE FOR EVICTION? Pacific Paramount Properties (Pty) Ltd v Burchell t/a Top Wash and Another (8418/2018) [2018] ZAWCHC 124 (19 September 2018) It happens frequently that when a bank grants a mortgage to

Property Law Update | Issue 15 – 2018

VOETSTOOTS, WARRANTIES, THE SELLER’S RESPONSIBILITIES Van Rooyen v Brown and Another (A3104/2015) [2018] ZAGPJHC 453 (28 June 2018) This judgment again illustrates how important it is for the seller of a home to be as candid as possible about patent

Property Law Update | Issue 14 – 2018

BUILDING PLANS: APPEAL TO REVIEW BOARD UNCONSTITUTIONAL City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board and Others (CCT186/17) [2018] ZACC 15 (7 June 2018) In terms of the National Building Regulations and Building Standards