Category Legal

Home renovations & your insurance policy

30 Mar 2015

Thinking about making some long overdue home improvements? Before you get started, there are some important points to consider.

Visser says to make sure that your building plans are pre-approved, as your insurance company could repudiate your claim if your building does not conform to the required building standards and laws.
This is according to Bertus Visser, Chief Executive of Distribution at PSG Insure, who says if you are planning home renovations, it is essential to inform your insurer that your policy remains in full effect during this time.FetchImage

He says most policies also require that the home remains occupied while it is insured. Your insurance company obviously feels that your house is less likely to be burgled as long as there’s someone living in it.

If you have to leav...

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Sea views and servitudes: Neighbours at war

31 July 2014

The recent Supreme Court of Appeal (SCA) judgment of Robarts v Antoni NO(327/2013) [2014] ZASCA 64 underlines once again the need to properly record any and all agreements relating to your property.

Game of Homes

neighbors fighting

    • Cape Town (Bantry Bay) neighbours – let’s call them A and B – whose houses “enjoy spectacular views of the Atlantic Ocean which contribute significantly to their huge value” came to blows when A (the neighbour in front of B), started building without municipal plan approval and in breach of restrictive title deed conditions and zoning scheme requirements.
    • At a “settlement” meeting, B agreed not to object to the planning applications for departure and title deed amendments that A needed.
    • According to B, A had then (in exchange for these concessi...
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24 April 2014: For immediate release


The Law Society of South Africa (LSSA) has set up an observer team of 275 attorneys and
candidate attorneys to observer the National Elections on 7 May 2014. ‘They will serve as the
eyes and ears of our citizens,’ say LSSA Co-Chairpersons Max Boqwana and Ettienne Barnard.

They add: ‘When South Africa was a nascent democracy in 1994, we had the eyes of the world
on us. In that first historic election and in the following elections, many international and regional
bodies and NGOs sent observers. As we mature in our democracy, the perception has developed
that our electoral process is free, fair and transparent. We believe that to be so. But as the
interest of foreign observers and monitor has waned and turned to other juris...

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Register as an interim Estate Agent

27 Mar 2014

There are regular inquiries to the Institute of Estate Agents, Western Cape, as to what to do when one wants to register to become an intern agent, whether this is necessary, and what steps to follow once registered to become fully qualified.

Over the six month period the intern or new agent will learn the principles of real estate, property law and ethics, sales and marketing techniques needed, and how to run his business.

This is according to Annette Evans, regional manager for the Institute, who says there are three basic things that need to be done, the first being the actual registration with the Estate Agency Affairs Board, which needs the following:

– The fully completed and signed application form (which can be downloaded);

– A certified copy of a valid ID book;

– A...

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Trouble with trusts

Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements –

    1. The sale must be recorded in a written agreement of sale, and
    2. The sale agreement must be signed by both seller and buyer, either personally or by an agent authorized in writing to sign on that party’s behalf.

The twist with truststrusts
There’s an additional twist to be borne in mind when one of the parties is a trust – trustees must act in accordance with the requirements of the trust deed, and where they are required to act jointly (which will be the case unless the trust deed provides otherwise), a trustee acting alone must be properly authorised to do so by the ot...

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A Short-Lived Pardon Under The Credit Amnesty