Browsing: Property law

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.

Gauteng High Court rules sectional title owners must accept all settlement conditions. Johlene Wasserman explains why this strengthens fairness and dispute resolution in community schemes.

Property lawyers are warning that many sectional title schemes are relying on informal exclusive use arrangements that carry no legal force, exposing owners, trustees and buyers to growing risk.

The Supreme Court of Appeal ruled that only formal resolutions allow sectional title owners to extend their units.