All About Property Archives - Page 9 of 9

All About Property | High Court reverses property sale and orders the Deeds Office to revive Durban woman’s title deed

Recently, the Durban High Court in Naidoo v Changing Tides 17 (Pty) Ltd set aside a sale in execution and declared the subsequent transfer of immovable property to a third party invalid after determining that there was no legal basis

All About Property | Explainer: A seller’s guide to bond cancellation

Are you in the process of cancelling the bond over your property? Whether you’re intending to sell or are finalising the details of your sale agreement, there are various legal requirements and costs associated with formalising bond cancellation. At STBB,

All About Property | Split zoning and clerical errors: A summary of Cape Estate Properties (Pty) Ltd v George Local Municipality

In May 2023, a full bench of the Western Cape High Court found in favour of a developer, Cape Estate Properties (‘the Appellant’), in its appeal against a decision of the George Local Municipality concerning the determination of the zoning

All About Property | August 2024

HARASSMENT IN A COMMUNITY SCHEME: MUST RECOURSE BE SOUGHT UNDER THE HARASSMENT ACT OR THE CSOS ACT? In a May 2024 judgment (MM v Kiewiet ZAGPPHC 411 (3 May 2024)), the Gauteng High Court was tasked with making a decision

All About Property | Balancing Act: Illegally occupied municipal land that abuts a holiday resort

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another ZAGPJHC 731 (13 August 2024) There exists precedent in our law for awarding constitutional damages to a party where such party’s constitutional rights have been affected. In this judgment,

All About Property | Holder of right of extension in a sectional title scheme: When does liability for maintenance contribution arise?

Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others ZAKZDHC 40 (4 June 2024) The Kerkira sectional title scheme development was opened in 1992 on a large piece of land, some 44 hectares in extent. It

All About Property | Harassment in a community scheme: Must recourse be sought under the Harassment Act or the CSOS Act?

In a May 2024 judgment (MM v Kiewiet ZAGPPHC 411 (3 May 2024)), the Gauteng High Court was tasked with making a decision as to whether an interim protection order, issued under the Harassment Act, should be made final or

All About Property | Navigating the Tax landscape: Clarifying transfer duty v VAT on the sale of shares in a property-owning company connected to an enterprise

NAVIGATING THE TAX LANDSCAPE: CLARIFYING TRANSFER DUTY V VAT ON THE SALE OF SHARES IN A PROPERTY-OWNING COMPANY CONNECTED TO AN ENTERPRISE By Abduraghmaan Farao In a property-related transaction, one is responsible for paying transfer duty or VAT. There is

All About Property | Securing land tenure: An overview of the key provisions of the Deeds Registries Amendment Bill

SECURING LAND TENURE: AN OVERVIEW OF THE KEY PROVISIONS OF THE DEEDS REGISTRIES AMENDMENT BILL The Deeds Registries Amendment Bill (‘the Bill’) is currently awaiting presidential assent. The Bill, which was first tabled before Parliament in late 2022, is

All About Property | July 2024

WE HAVE RELAUNCHED OUR KZN OFFICE! Earlier this month, we celebrated the relaunch of our office in KwaZulu-Natal, which marks a significant milestone in our commitment to expanding our nationwide presence and delivering exceptional and unrivalled client service to the