PROPERTY LAW ARTICLES
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Joint Ownership Termination in Family Disputes: Britz v Sequeira Case
Introduction: Joint ownership of property, especially within families, is a common arrangement. However, what happens when the relationship sours and the co-owners can’t agree on
Consequences of Withholding Knowledge of Property Defects: A Cautionary Tale for Sellers
The Property Practitioners Act 22 of 2019 (the Act) mandates sellers to disclose defects in a property to potential buyers. Failure to disclose known defects,
Understanding Personal Servitudes: Rights to Use and Enjoy Others’ Property
In legal terms, a personal servitude refers to the right granted to a specific person (known as the holder) to utilize and enjoy someone else’s
Co-owing your house
A client asked what she should do about a house she and her life partner bought together. There is a bond over the property, and
Can foreigners buy property in South Africa?
A non-resident asked me if he could buy property in South Africa. Favourable exchange rates and a world-renowned deeds registration system have encouraged foreigners to
The new Property Practitioners Act
The Property Practitioners Act came into effect on 1 February 2022. The Act provides, amongst other things, for the regulation of property practitioners, transformation of
When can a landlord evict a tenant?
Under the lockdown provisions (contemplated by the Disaster Management Act) “A person may not be evicted from his or her land or home or have
When is spoliation not unlawful?
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)
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
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