Sectional Titles and the POPI Act – what you need to know

Community housing schemes should have compliant record-keeping systems, including those of their managing agents, in accordance with the Protection of Personal Information (POPI) Act. It is also important for owners and occupiers in Sectional Title schemes and gated developments run by Home Owners’ Associations (HOAs) to understand that the Act …

New Property Practitioners Act provides better protection for all

By Peter Mennen, Head of Legal at TPN Credit Bureau The new Property Practitioners Act (PPA), which came into effect on 1 February 2022, has been designed for increased support and regularisation of the sales and rental industries and other immovable property professions. Through updated processes, better clarity and new administrative …

ANALYSIS | How landlords can protect their property investments in 2022

Landlords wanting to protect their investment need to remember that tenants are price sensitive and that safe and secure properties are considered more valuable, says Michelle Dickens. Unemployment is a crisis in South Africa. In the last 18 months, 2.1 million jobs have been lost. This has had a marked impact on …

Signed, sealed but not delivered – Can a seller unilaterally remove fixtures from a property upon moving out?

  Excitement is running high as you have just signed an offer to purchase your dream house. Perhaps it was the quirky water feature that caught your eye as you walked through the lush, well-kept garden or maybe the thought of spending long summer afternoons under the pergola. Whichever it …

How marriage contracts affect homeownership

  There are several martial systems recognized by the South African Deed Offices, each of which will influence the property transactions in different ways. Understanding this can help homeowners make good investment decisions upfront. “Buying a home as a married couple can be an exciting step in the couple’s life …

What are the legal implications to buy or sell a property “voetstoots”?

Let us start by explaining the meaning of the word “voetstoots”. “Voetstoots” has its origins in South Africa’s Roman-Dutch law heritage and translates to: “to push a thing sold with one’s foot to indicate delivery and not come back with complaints later”. This means to sell or buy a property “as …

The condition report, the voetstoots clause, and what they mean for property buyers and sellers

Buying a home is the largest investment most people make and it’s a lengthy, complex procedure peppered with potential pitfalls, so the last thing you need after successfully navigating the process is to experience buyer’s remorse. “There are so many factors that require the buyer’s time and attention that it’s easy …

Slew of new property laws will have most dramatic effect on agencies and agents – experts

  The Property Practitioners Act is set to change the industry “dramatically”. Other laws attorneys say will affect it include the proposed Housing Consumer Protection Bill, the Land Court Bill, and the Western Cape Government’s draft Inclusionary Housing Policy. Once the Property Practitioners Act – which has been promulgated but …

Use this time to draft a Will & do Estate Planning

    At the moment, most of us are working from home until such time as the lockdown (or any extension thereof) is lifted. While inconvenient, it does present the perfect opportunity to get your personal affairs in order, including Estate planning and the preparation of a Will. Why should …

Is your Last Will and Testament valid and up to date?

  Drafting a will is something that everybody should prioritize since we never know what the future holds. We are all aware of the saying ‘nothing is certain except death and taxes. Morbid as it might sound, it’s never a convenient time to start thinking about what will happen to …