Thought Of The Week Archives - Page 21 of 33

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Thought of the Week | I Was Awarded The House In My Divorce

When X, recently divorced, approached her conveyancer with an instruction to register transfer of the property that was awarded to her in the divorce settlement, she was speechless when she was advised that transfer duty will be payable. This because

Thought of the Week | Timing in Agreements: Year-End Considerations

As we approach the festive season, remember to pay close attention to the dates inserted in agreements for the sale or purchase of immovable property. It is prudent to arrange that the due dates for payment of a deposit, obtaining

Thought of the Week | Does My Spouse Have a Duty to Maintain Me After Our Divorce?

In terms of our common law, spouses have a reciprocal duty to support each other during their marriage and this includes financial support. This duty ends when the marriage is terminated either by death or divorce. In terms of the

Thought of the Week | When a Trust is Party to a Sale Agreement

Problem scenario: The ABC Family Trust sells a sectional title unit to X. The trustees of the trust, authorised by valid Letters of Authority issued by the Master of the High Court, are A and his children B and C.

Thought of the Week | Update On New Legislation That Will Impact SA’s Property Industry

Two Bills that will fundamentally impact South Africa’s property industry were expected to be passed by Parliament this year. In September, the Portfolio Committee (Human Settlements) concluded its first stakeholder engagement meetings on the Property Practitioners Bill. A draft version

Thought of the Week | Maintenance for a Spouse After Divorce

When a marriage terminates after a divorce, the reciprocal duties of support which existed during the marriage come to an end. Neither spouse has an automatic right to maintenance after divorce. However, a court granting a decree of divorce has

Thought of the Week | Electronic Signatures and Deeds Registration

Recently the first ever property transfer transaction was registered in a deeds office in South Africa where the seller’s Power of Attorney to Pass Transfer was signed with an advanced electronic signature (AES). What is an AES? It is a

Thought of the Week | Why Antenuptial Agreements are Important

Our law determines that if you get married without having entered into an antenuptial agreement before the wedding, you are automatically married in community of property. Accordingly, the assets and liabilities of both spouses become part of their joint estate,

Thought of the Week | Water for Cape Town

Towards the end of June this year, the City of Cape Town promulgated amendments to its Water By-law. These do not replace the current Level 6 water restrictions, but are in addition to present water usage rules. Many of the

Thought of the Week | Offshore Property and South African REITs

The South African listed property sector has exposure in more than 25 countries. 45% of the FTSE/JSE SAPY Index earnings come from outside South Africa and over 50% of listed property in SA is exposed to offshore markets. To date, no