Should I purchase the Shares or the Property?

The purchaser has found a house that is in the market for R2m. The seller informs him that the house is registered in the name of a company. He suggests to the purchaser that the shares in the company are sold and transferred instead of the property. Would this be a good idea for the […]

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Relocation of farm workers

In practice, we often deal with farmers who want to know what their rights are in respect of retired farmworkers who still reside on their farms. They usually want to know whether they can relocate them to a different house on the farm. A similar question was answered in the case of ORANJE AND OTHERS v ROUXLANDIA INVESTMENTS […]

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17 interesting facts and tips on sale of land agreements

A contract of sale of land signed by the seller and the purchaser is valid even if no witnesses signed the contract. A contract of sale of land can be concluded on behalf of a company to be registered. A contract of sale of land cannot be concluded on behalf of a trust to be […]

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No transfer duty on movables: save R560’ on a transaction of R4m

Take the following scenario. The seller sells his farm together with two tractors and farm equipment for R4m to the purchaser. The seller is not registered for VAT. The purchaser is indeed registered for VAT. What important tax considerations are relevant? As the seller is not registered for VAT, it will be a transfer duty […]

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Property Practitioners Bill

On 1 November 2018, the Legal Practice Act came into effect, which, amongst others, replaced the old Attorneys Act of 1979. The legislators have now set their eyes on the Estate Agency Affairs Act, of 1976, which will be replaced by the new Property Practitioners Act (“the New Act”). The President of South Africa has, […]

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Delayed gratification – suspension of an eviction order

In the matter of AJP Properties CC v Sello 2018 (1) SA 535 (GJ) the High Court confirmed its powers to suspend the effect of an eviction order. This entails a landlord being in possession of an eviction order but being unable to enforce same for a period as determined by the Court. In this […]

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Can I be held liable for a fire that spreads beyond my property?

A question a lot of farm owners ask is whether they can be held accountable for fires that spread beyond their property. The next question would normally be under which circumstances they could indeed be held liable. The National Veld and Forest Fire Act 101 of 1998 (the “Act”) provides some answers to these questions. […]

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