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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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 […]

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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 […]

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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 […]

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