Legal Insight. Business Instinct.
Stay up to date with the latest legal developments.
A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction.
A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan
“A creature with a big enough head to make a contract should have the sense to make one it can
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.
A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.
It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.
Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.
Phew! No major tax increases are planned, and taxpayers will benefit from zero “bracket creep” across a range of taxes. While property sellers and buyers will be disappointed that transfer duty thresholds have not increased, there’s reason to get very excited about the 50% increase in the primary residence CGT exclusion from R2m to R3m.
Read on for an illustrative calculation of CGT savings, some of the more important tax tables, and a calculator to show you how much more or less you will be paying in taxes.
Buying and selling a house is probably one of the most important financial transactions you will ever be involved in. Not to mention the emotional aspect of acquiring or letting go of your “home sweet home”.
This is why it’s vital to choose the right conveyancer. Case in point, a recent court battle which saw a couple losing ownership of what they had fondly believed to be their new house. A crooked attorney, in cahoots with her trustee husband, had defrauded both the original owner and the buyers at the end of the transfer chain. And in law, “fraud unravels all.”
“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of