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Legal Articles and Guides

Property Sales and Trusts: Demand Proof of Trustee Authority

By Ashersons Attorneys Published on Monday, 09 December 2019
Tags: #Litigation #Property Law
Selling property to a trust comes with a particular risk, and it’s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all!

Property Owners, Buyers and Agents: Lost Title Deeds and Bonds

By Ashersons Attorneys Published on Monday, 09 December 2019
Tags: #Property Law
In January 2019 new amendments to Regulations for the replacement of lost title deeds (and similar documents like mortgage bonds and notarial bonds – see below) were published. They were very onerous and slated to come into effect at short notice, but after criticism they were suspended – until now.

Major restitution failure exposed

By Juta and Company (Pty) Ltd Published on Monday, 25 November 2019
Tags: #Civil Rights #Property Law
In what The Witness says represents one of the biggest land restitution failures in the country, more than 90% of the farms purchased by government for labour tenants in Mooi River have since collapsed.

Politically-charged Ingonyama Trust case delayed

By Juta and Company (Pty) Ltd Published on Thursday, 21 November 2019
Tags: #Civil Rights #Litigation #Property Law
A politically-charged court case involving millions of rands in rent paid to a trust headed by Zulu King Goodwill Zwelithini has been postponed at the last moment, says a GroundUp report.

Couple withdraw case against Watson family

By Juta and Company (Pty) Ltd Published on Wednesday, 20 November 2019
Tags: #Litigation #Property Law
A Port Elizabeth couple – due to go head-to-head in court with the Watson family today after a dispute – threw in the towel last night, withdrawing their intention to defend an eviction application to vacate an upmarket Kragga Kamma wedding venue.

Jacob Zuma defaults on school fees

By Juta and Company (Pty) Ltd Published on Monday, 18 November 2019
Tags: #Banking & Finance Law #Insolvency Law #Litigation #Property Law
A prestigious KZN school has had to obtain a default judgment against former President Jacob Zuma for his failure to pay school fees of R12 517, Rapport reports.

Rent-free family finally evicted from farm

By Juta and Company (Pty) Ltd Published on Monday, 18 November 2019
Tags: #Civil Rights #Litigation #Property Law
The SCA has upheld the eviction of an elderly couple and their daughter from a farm in Gauteng where they lived ‘rent free’ for six years, says a TimesLIVE report.

“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale?

By Ashersons Attorneys Published on Thursday, 07 November 2019
Tags: #Litigation #Property Law
The upcoming festive season, with its mass migrations of happy holiday-makers to their dream destinations, has always been a busy time for both sellers and buyers.

Claimants set to take on Ingonyama Trust

By Juta and Company (Pty) Ltd Published on Friday, 01 November 2019
Tags: #Civil Rights #Litigation #Property Law
A group of seven individual claimants will take on King Goodwill Zwelithini and his Ingonyama Trust in the KZN High Court (Pietermaritzburg) on 22 November to secure the rights to their homesteads. The lawsuit involves the trust’s quest to get residents to sign leases, with rents that increase by 10% a year.

Ace Magashule's son evicted from Gupta property

By Juta and Company (Pty) Ltd Published on Friday, 18 October 2019
Tags: #Insolvency Law #Litigation #Property Law
One of the business rescue practitioners dealing with the Gupta assets, Bouwer van Niekerk, has reportedly told the Mail & Guardian that one of the biggest problems they faced was the eviction of occupants in Gupta houses, one of them being Tshepiso Magashule, son of ANC secretary-general Ace Magashule.

21-year wait and still no decision

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Property Law
In 1998, 41 Eastern Cape families lodged a massive land claim – which includes tourist and citrus farming towns. However, a Daily Dispatch report says they are yet to receive any feedback on the status of their claim.

Philippi land battle begins today

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Civil Rights #Environmental Law #Litigation #Property Law
The legal battle over the Philippi Horticultural Area (PHA) starts today in the Western Cape High Court. A Cape Argus report notes the PHA Food and Farming Campaign will be arguing for the preservation of a key piece of agricultural land in the city’s jurisdiction that is under threat from proposed developments.

Battle to save Philippi farming set for High Court

By Juta and Company (Pty) Ltd Published on Monday, 07 October 2019
Tags: #Litigation #Property Law
The battle for the City of Cape Town’s green zone will be heading to the Western Cape High Court next week. A Cape Argus report says activists who have been campaigning for the protection of the Philippi Horticultural Area (PHA) want the court to review 12 approved development rezonings in the area.

Security Complexes and Fibre – You Can Use Telkom Ducting After All

By Ashersons Attorneys Published on Wednesday, 02 October 2019
Tags: #Litigation #Property Law
If you haven’t already done so, you are no doubt thinking of upgrading soon to the “superfast broadband” provided by fibre optic cabling. In any event ADSL is about to disappear with Telkom’s plans to shut down its copper network and migrate ADSL customers to either fibre (where available) or LTE.

Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

By Ashersons Attorneys Published on Wednesday, 02 October 2019
Tags: #Civil Rights #Litigation #Property Law
As a landlord in dispute with your tenant you may well be tempted to avoid the delay and cost of litigation by taking your own eviction or enforcement action.

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