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 […]
Read more...Category: Property Law
Property transactions
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, […]
Read more...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 […]
Read more...Liability of the Registrar of Deeds for negligent transfer of immovable property
The decision in Stirling v Fairgrove (Pty) Ltd and Others shows that the registrar of deeds can be held liable for a loss suffered as a result of the negligent conduct of her staff in the transfer of immovable property. The facts of this case are as follows: in 2015, the Applicant, Stirling, an owner […]
Read more...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. […]
Read more...Three transfers cost less than one – you must be joking!
Take the following scenario. The seller has found a purchaser for his farm consisting of three portions for a purchase price of R6m. The seller is not registered for VAT. Transfer duty is therefore payable in respect of the transaction. Attorneys firm A advises the parties to do one contract of sale and transfer the […]
Read more...Can I be held liable for a fire that spread beyond my property?
The question that a lot of farm owners ask is whether they can be held accountable for fires that spread beyond their property? If the aforementioned is answered in the affirmative the next question is normally in which circumstances? The good thing about the question is that the National Veld & Forest Fire Act […]
Read more...When will the voetstoots clause save the seller?
There seems to be a general belief that a voetstoots clause in a contract of sale of land will always protect the seller against any claims for latent defects instituted by the purchaser. This is not correct. In the case of Havidise v Heydricks 2014 (1) SA 235 the voetstoots clause did, however, indeed do […]
Read more...I want to sell my property, but the homeowners association is dysfunctional?
I want to sell my property, but the homeowners association is dysfunctional? There is a title deed condition in the seller’s title deed in terms of which the homeowners association has to consent to the sale. What if the homeowners association is dysfunctional? The seller will either have to obtain a court order to scrap […]
Read more...Do both spouses have to sign a contract for the sale of land where they entered into a customary marriage?
Do both spouses have to sign a contract for the sale of land where they entered into a customary marriage? The Matrimonial Property Act, 88 of 1984 deals with this issue. Where the parties are married in community of property both spouses need to sign the contract for the sale of land, or if only […]
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