Browsing: Property law

The Supreme Court of Appeal has ruled that a body corporate must reasonably accommodate a visually impaired homeowner after it tried to force him to remove a washing machine from a shared outdoor area, finding that stripping away the safety measures infringed his dignity and equality rights.

The Community Schemes Ombud Service has dismissed fraud and mismanagement allegations at a Gauteng residential estate after applicants failed to provide independent evidence, confirming that audited finances and governance processes complied with the law.

Trustees and directors can no longer rely on informal practices after the appeal court confirmed the Ombud’s power to overturn unfair levies and governance decisions.

A Johannesburg homeowner narrowly avoided losing his primary residence over a R50 000 levy debt after serious flaws emerged in the execution process, including nondisclosure, disproportionality and an unlawful writ.

A dog owner who voluntarily surrendered his pet to the SPCA has lost an urgent High Court bid to reclaim the animal, with the court ruling that consent defeats spoliation claims.

Consumers have been warned to exercise caution in property-related transactions as a regulatory investigation highlights the risks of dealing with unverified practitioners and making payments without proper due diligence.

Routine decisions by community scheme trustees and homeowners’ association directors are increasingly being declared unlawful by South Africa’s courts, exposing schemes to serious financial risk and personal liability. Legal scrutiny has intensified to the point where ignorance of governance law is no longer a defence, with preventative governance now emerging as essential risk management rather than optional compliance.

Publication of land in the Government Gazette as a claimed land has serious consequences for the owner. He can no longer deal with the claimed land as he pleases and without the consent of the Regional Land Claims Commissioner. Claiming someone’s land as your is a serious matter and the claim must strictly comply with the requirements of the Act.

Municipalities across South Africa are escalating inspections and imposing penalty rates for illegal property use, catching many homeowners off guard as financial pressures intensify.

If you are removed from your home without a court order in South Africa, the mandament van spolie allows you to have possession restored quickly, regardless of ownership disputes or hardship.