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Property Sales and Deceased Estates

Property Sales and Deceased Estates

If you are the Purchaser of a property which involves a deceased estate, there are a few essentials of which you should be aware. When a person passes away, the Master of the High Court appoints an Executor of the Estate to administer the winding up, which includes...

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Trusts and Immovable Property – Still a good idea?

Trusts and Immovable Property – Still a good idea?

Must a Trust be revised? I see it so many times in practice that clients just assume everything is still in order with their Trust and providing us with a copy of his/her Trust deed. The most popular reason for buying in a trust is for estate purposes. Be careful as...

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Property – Advice for sellers

Property – Advice for sellers

Need to know advice BEFORE selling that property Selling your home is supposed to be an exciting process as you are probably disposing of your most valuable asset. Therefore, we would like to point out the following: DETERMINE A FAIR SELLING PRICE Have you done your...

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Need to know advice before buying that property

Need to know advice before buying that property

Advice for Purchasers I remember when I bought my first house with the idea of it becoming a home for my family (+-18 Years ago). Since then legislation changed and this caused a few extra landmines on the road to a successful homeowner. The implications of CPA...

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Voetstoots and Building Plans

Voetstoots and Building Plans

You have finally found your dream home in the right neighbourhood, took the plunge and signed the deed of sale. You cannot wait to move in, but upon inspection of the building plans, you find out that the cosy granny flat that you intended to use as an art studio is...

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Voetstoots and the Consumer Protection Act

Voetstoots and the Consumer Protection Act

Very often we hear people say that the "voetstoots" clause is no longer applicable to property transactions. But this is simply not true. The "voetstoots" clause is still alive and well in all private once off property transactions. (Sidenote: The word "Voetstoots" is...

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Voetstoots – What you should know

Voetstoots – What you should know

The word "Voetstoots" is Dutch in origin and means "sold as is" or "sold as it stands". This legal term is for the protection of the Seller against liability for patent or latent defects. A patent defect is one which is obvious and easily seen with reasonable...

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Neighbour Law – To cut or not to cut that tree?

Neighbour Law – To cut or not to cut that tree?

So your neighbour’s trees are hanging over your wall, now what? Act within your rights. It is general principle that the Property Owner is entitled to the use and enjoyment of the property provided that such use and enjoyment should not cause unreasonable damage or...

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