Articles Published - Litigation and Dispute Resolution Archives - Page 2 of 7

Pulse | When is a seller liable for damp, leaks, and other hidden defects?

In property transactions, discovering hidden damp, leaks, or other defects post-signature is commonplace. Often, purchasers may assume the seller is liable for effecting repairs, while sellers frequently believe that once the property has been sold, responsibility shifts entirely to the

All About Property Newsflash | Major court rulings shaping property law

In this edition of All About Property, STBB’s Darren Brander explores a landmark ConCourt decision and its implications for property developers and we report on the Western Cape High Court’s abolition of the ‘husband’s domicile’ rule. Landmark Constitutional Court judgment

All About Property Newsflash | ‘Husband’s domicile’ rule declared unconstitutional: A turning point for matrimonial property law

In a significant victory for gender equality and the rights of same-sex couples and non-binary persons, the Western Cape High Court has decisively struck down one of the last vestiges of a historically patriarchal approach to matrimonial property law in

All About Property Newsflash | Landmark Constitutional Court judgment on public land deals: Why developers should rethink due diligence

For property developers and investors, acquiring public land has traditionally centred on commercial fundamentals: Securing planning approvals, environmental authorisations, and financing. The Constitutional Court’s landmark judgment in Adonisi v Minister for Transport and Public Works, Western Cape, however, suggests that

All About Property | Storm damage and leased property: Is the tenant, landlord, or body corporate responsible for repairing weather-related damage?

As the cold, rainy weather prevails across South Africa’s coastal provinces and other parts of the country, storm-related property damage is inevitable. Often, this raises uncertainty regarding liability for repairing the damage when a property is leased. Accordingly, when a

All About Property | Major real estate alert: Is a verbal property sale agreement legally binding?

A recent judgment of the Pretoria High Court could have significant implications for South African property law after the court found that an omission in section 2(1) of the Alienation of Land Act (‘the Act’) is unconstitutional for failing to

All About Property | The City of Cape Town tariff case: What the High Court’s ruling means for property owners

Late last month, the Western Cape High Court decisively struck down the imposition of three fixed municipal charges linked to property value bands – much to the delight of many residential and commercial property owners across the City of Cape

Closing the loopholes: Why proposed PIE Act amendments strengthen property rights in South Africa

Earlier this month, government gazetted the much-anticipated Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill (‘the Bill’) for public comment. The Bill proposes various amendments to the PIE Act, which prohibits unlawful evictions from residential property.

All About Property | March 2026

In case you missed it: What the R3 million primary residence exclusion means for homeowners In another notable win for property owners, the capital gains tax exclusion on the disposal of a primary residence has been raised from R2 million

All About Property | When conduct rules meet disability rights: How a washing machine dispute ended up in the SCA

A dispute over a washing machine in a sectional title complex rarely reaches the Supreme Court of Appeal. Yet, in Ncala v Park Avenue Body Corporate, the Court was ultimately required to confront much more than a disagreement over an