Damages that flow from the failure to make payment timeously have recently been the subject of debates in the Supreme Court of Appeal (SCA). As a result, a number of principles emanating from a creditor’s right to claim interest have been formulated in several reported cases. Certain of the principles include the following: If a debtor is late with payment of a money obligation under a...
L. Other Legal Information
Typically, landowners create duets on land that cannot be subdivided for various reasons. Instead, landowners establish a sectional title register with only two units. These may be two separate dwellings, or they may be semi-detached and are commonly known as duets or semi’s. Often, landowners prefer establishing these small sectional title schemes to subdivision due to cost implications, as it might...
1. Lapsing or Manipulating Bond Grants When buyers want to get out of deals, they sometimes go to their banks to encourage them to withdraw their loans. This happens mainly when their transfers are being delayed for any reason. Usually, they are aware that they are committing a serious breach of contract if they deliberately do this, so they use more clandestine ways of hiding their intentions. They...
Our present constitution came into effect in 1996 and is the Supreme Law of South Africa. It is stated in Chapter 1 that any law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. No matter what act is brought into effect by the Government or what decision is made by a court, it is important to note that they can always be appealed at the Constitutional Court,...
Trusts have various advantages, but unfortunately, there are also disadvantages. Although this is not a complete synopsis of all the pros and cons, our experience may assist you in making decisions about Trusts. Advantages: Growth taking place in the Trust assets settles in the Trust and not in your personal estate. By selling the assets to the Trust, the amount owed to you by the Trust will...
Personal Wills A will, also called a last will and testament, is a legal document in which a person sets out what happens to their estate (the things that belong to them) when they die. The person can also nominate who they would like to appoint as the executor of their will, who will administer their estate when they die. They can nominate more than one person to be their executors. A person’s...
What is covered in an electrical certificate of compliance and what is not? YES NO All Distribution Boards All Fixed appliances E.g. Stoves, extractor fans, geysers, All circuit breakers and protective devices Cylinders, underfloor heating mats All wiring and cables from Main Board to point of consumption (including solar panels and geysers) Secondary wiring to underfloor...
Embrace Change? The property market has changed and will continue to do so for some time to come. Our capacity to adapt to these changes will determine the measure of our successes going forward. Elements that contribute to this market shift: The slowdown in property sales, due to market pressures. Purchasers find it difficult to access adequate funding, due to strict NCA loan...
A number of complications arise when sellers and buyers are not in the country, such as jurisdictional issues, for example. Generally, a document can be signed outside of South Africa and still be valid; however, if the agreement or document is to be relied upon for court proceedings or for use in other areas like the Deeds Office, a specific process needs to be followed when signing (executing) such a...
Buyers who are interested in purchasing in a proclaimed heritage suburb need to know what they may or may not alter or renovate. They should also understand what is expected of them as set out by the National Resources Heritage Act (Act 25 of 1999). How old does an area or suburb need to be before it receives national heritage status? The conditions and criteria regarding when a Heritage Impact...