Implied Servitudes in Sectional Title Schemes

In sectional title schemes, residents are often required to traverse their neighbouring properties, in one way or another, for utilities or services. The nature of sectional title schemes usually entails that the units are built in close proximity to one another. This makes it impractical and quite regularly impossible to obtain services without access through […]

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Can a HOA take over the provision of municipal services?

As members of the public become more and more fed up with poor service delivery from municipalities, those with the financial means to do so are already pursuing alternative options to function independently from municipalities. This is evident from the number of water tanks and solar panels in residential and commercial properties, signaling a shift […]

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Does a purchaser have rights against a voetstoots clause?

The purpose of a voetstoots clause is to protect the seller from latent defects of which the seller was not aware of at the time of concluding a sale agreement. If the purchaser discovers a latent defect and threatens to cancel the agreement or claim damages, the seller can rely on the voetstoots clause as […]

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How To Sell A Portion Of Your Farm

If you are an owner of a portion of agricultural land, more commonly referred to as farmland, you might be familiar with the provisions of the Subdivision of Agricultural Land Act, 70 of 1970 (the Act). The Act aims to ensure that farms are not divided to such an extent that they will be uneconomical […]

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Are landlords obliged to provide backup power during loadshedding?

The rights and obligations of the tenant and the landlord always depend on the contents of the lease agreement. Where the parties signed a lease agreement, one would have to peruse the document to answer the question. Your typical lease agreement would, in my experience, not oblige the landlord to supply electricity in the case […]

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Can the municipality cut your power due to your landlord’s debt?

In the case of Leon Joseph & Five Others v The City of Johannesburg and Three Others, the city of Johannesburg disconnected the electricity to a block of 44 apartments because the landlord was in arrears of about R400 000. The tenants approached the High Court for an order for reconnection of the electricity, and […]

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