Property Law Update Archives - Page 17 of 28

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Thought of the Week | Issue 13 – 2018

LESSER BOND AMOUNT OBTAINED BUT BALANCE SECURED ON TIME – SUSPENSIVE CONDITION FULFILLED? Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (30 April 2018) Property practitioners know that the details of a suspensive condition must be met

Property Law Update | Issue 12 – 2018

ESCAPING LIABILITY UNDER A SURETYSHIP: WHEN THE LENDER MUST BE UPFRONT WITH DETAILS Absa Bank Limited v Van Eeden and Others (4078/2012) [2018] ZAECPEHC 14 (27 March 2018) Generally, when one puts pen to paper as a borrower or surety,

Property Law Update | Issue 11 – 2018

CANNOT (WITHOUT MORE) LOOK TO A TRUST’S ASSETS FOR THE SATISFACTION OF A TRUSTEE’S PERSONAL DEBTS Osborne v Cockin NO and Others (549/2017) [2018] ZASCA 58 (17 May 2018) When you lose several million rands in a business arrangement with

Property Law Update | Issue 10 – 2018

A FRIENDLY ‘BUY BACK’ NOT ALWAYS A ‘SALE’ THAT REQUIRES A WRITTEN AGREEMENT TO BE VALID Loggenberg and Others v Maree (286/17) [2018] ZASCA 24 (23 March 2018) The facts in this judgment tells a story of A, in an

Property Law Update | Issue 09 – 2018

PITFALLS IN EXERCISING A RIGHT OF FIRST REFUSAL Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others (1206/2016) [2018] ZASCA 41 (28 March 2018) In essence a right of first refusal in the hands of a

Property Law Update | Issue 08 – 2018

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

Property Law Update | Issue 07 – 2018

TRANSFER 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

Property Law Update | Issue 06 – 2018

THE CPA AND LEASES: MUST NOTICE TO REMEDY BREACH MENTION THE 20 DAY PERIOD IN WHICH TO DO SO? Transcend Residential Property Fund Limited v Mati and Others (14639/2017) [2018] ZAWCHC 40 (20 March 2018) This matter dealt with exactly

Property Law Update | Issue 05 – 2018

TENANT IN MALL REQUIRED TO ACTUALLY CONDUCT BUSINESS ACTIVITIES? Edcon Limited v Bay West City (Pty) Ltd (A5029/17) [2018] ZAGPJHC 39 (6 March 2018) A shopping mall landlord wants to see that all stores are tenanted and attracting feet, for

Property Law Update | Issue 04 – 2018

MARITAL 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