Blog
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...
Retirement Planning – Is Life right Property right for you
Let’s start off by looking at: What is life right property? The SA association of retired persons, SAARB, describes the Life Right ownership option as ‘a guaranteed right of occupation of individuals for their lifetime, whereby ownership is retained by the...
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...
Wills – Passing without a will, DIY, Assets overseas, who may inherit
THE IMPORTANCE OF A WILL In our modern day and life we are busy rushing from point A to Z and we seldom take a moment and possibly avoid thinking of our own mortality. The danger that lies therein, is that we fail to do the necessary estate planning. What happens to...
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...
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...
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...
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Very often we hear people say that the "voetstoots" clause is no longer applicable to property transactions.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...
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...
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...