The mandament van spolie (spoliation) is available only in cases where the deprivation of possession is illicit. In McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87, the court had to decide whether the mandament van spolie remedy was available to McGregor in circumstances where his access, and the use of an electronic booking… Continue Reading
Praedial and personal servitudes
By Sharusha Moodley A limited real right is a right in an object or a thing of someone else. There are five limited real rights being hypothec, lien, pledge, mortgage, and servitude. A servitude is a limited real right that one person has over another person’s movable or immovable property. Praedial servitudes always have two… Continue Reading
CCTV cameras at home and the right to privacy
A client asked: What is the law on CCTV installation on a private property in relation to privacy and the law? I have a situation where a camera has been set such that 85% of what is being captured is in my yard. Privacy issues You have the right to protect your property and this… Continue Reading
Prohibition of transferring agricultural holding in undivided shares
Source: Allen West Agricultural holding” is defined in the Agricultural Holdings (Transvaal) Registration Act, 22 of 1919 (hereinafter referred to as the Agricultural Holdings Registration Act), as land of which the use is determined, and it is not smaller than 1 morgen (8565 square meters). The title deed conditions in respect of agricultural holdings, in most… Continue Reading
Transfer duty payable on transfer of company shares
Source: Allen West of Tonkin Clacey Pretoria Introduction One of the main considerations of a purchaser when purchasing immovable property, besides the cash that he or she needs to put down in order to cover the purchase price, is the costs involved in order to effect transfer of the property into his or her name.… Continue Reading
The transfer of immovable property after a divorce
When does one become the owner of a fixed property in terms of a divorce settlement agreement? For example, the settlement agreement may provide that within seven days of the grant of a decree of divorce Mr Jones shall cause his half share of 123 -1st Ave, Orange Grove to be transferred to Mrs Jones.… Continue Reading
A business opens next door to your home. What are your rights?
If the business is, say, that of an accountant, and makes little or no noise, you may choose to turn a blind eye. But what if the business causes a noise nuisance (or you simply object to a neighbour running a business in your suburb)? InMcKay and Others v Ursiweb (Proprietary) Ltd and Others (3510/2019) [2019]… Continue Reading
The Star – Legal – Owners rights of entry to leased properties should be legally stipulated, attorney advises
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How does a Body Corporate deal with pet problems in sectional title schemes?
Prescribed Conduct Rule (“PCR”) 1 deals with the keeping of pets, and states: Keeping of animals, reptiles and birds: The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property. An owner… Continue Reading
When can a landlord use a duplicate set of keys to enter leased premises?
A CLIENT ASKED: As a landlord/owner, is it their right to have a set of keys to an apartment they are renting out? I read somewhere that in an emergency, fire or burst pipe, it is the landlords right to be able to enter (but only in the case of an emergency) and in all… Continue Reading
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