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...Category: Property Law
Property transactions
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 […]
Read more...How do I deal with a dysfunctional home owners association when I need its consent for the transfer of a property?
How do I deal with a dysfunctional home owners association when I need its consent for the transfer of a property? 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 […]
Read more...Do both spouses have to sign a contract for the sale of land where they are married in community of property?
Do both spouses have to sign a contract for the sale of land where they are married in community of property? 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 […]
Read more...Is a contract of sale of land signed by the parties without any witnesses valid?
Is a contract of sale of land signed by the parties without any witnesses valid? Yes. The formality requirements for a contract of sale of land are prescribed in the Alienation of Land Act, 68 of 1981. The contract must be in writing and signed by both parties. Although it is practice to have […]
Read more...Does the other party have to sign again where I make small changes before signing a contract of sale?
Does the other party have to sign again where I make small changes before signing a contract of sale? Yes. Let us take the example where the purchaser signs a contact of sale of a house and sends it to the seller. The seller is not happy with the occupational rental and changes the […]
Read more...What happens if the purchaser or the seller pass away before the registration of the transfer of the property?
The contract of sale is as a general rule enforceable against the deceased estate of the seller or the purchaser. Should the seller have passed away after signing the agreement, his executor would therefore have to give transfer of the property and be entitled to receive the purchase price on behalf of the estate, if […]
Read more...Sale of property and the National Credit Act
One might think that only banks and other financial institutions need to register as credit grantors in terms of the National Credit Act. This is, however, not the case. Where credit is granted by a seller to a purchaser of immovable property, the National Credit Act might apply. If it does, several requirements have to […]
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