Can the previous registered owner of immovable property successfully rely on the Roman principle of fraus omnia vitiat, or “fraud unravels all”, which would entitle them to restitution of their property? This was the central legal question…
Can the previous registered owner of immovable property successfully rely on the Roman principle of fraus omnia vitiat, or “fraud unravels all”, which would entitle them to restitution of their property? This was the central legal question…
There is creativity, and then there is crafting a property transaction so contrived that even the seller could not be sure who was buying, renovating or occupying her home. What…
Following the budget speech by the Minister of Finance, as of 1 April 2025, no transfer duty is to be paid on immovable property transactions that fall below the threshold…
Our courts have determined that an occupant who has made improvements — whether useful, necessary, or luxurious — could in certain circumstances have a claim to retain possession until those…
A recent case heard by the high court offers valuable insights into understanding firstly, the implications of a mandate signed with an estate agent, and secondly, how to determine who…
In the case of Maria Luisa Palma Codevilla v Paula Jane Kennedy-Smith NO and Others (494/2023) [2024] ZASCA 136, the case dealt with an appeal to the Supreme Court of…
It can often be the case that whilst a tenant is leasing a property from the owner, the property is subsequently sold to a third party. The case of Venter…
Extending a section within a sectional title scheme is a complex process that requires meticulous planning and adherence to various legal and regulatory requirements. As a property owner, it is…
In a recent case, Gortzen and Another v Moolman, the high court an appeal by 2 property owners, the sellers, Mr and Mrs G, who were seeking to have an…
Warning to sectional title owners – follow proper procedures, they exist for everyone’s protection. When an owner of a unit in a Cape Town sectional title scheme wanted to extend…