Permanent fixtures

SATELITE DISHES – PERMANENT FIXTURES?   When concluding an offer to purchase for immovable property, the question often arises whether a satellite dish must be regarded as a permanent fixture or not. A strong argument can be made in favour of a non-permanent fixture, if it is not specifically stipulated in the agreement of sale:…

Muslim marriages in South Africa

   Long awaited, but finally approved! As from Wednesday, 30th of April 2014, Muslim marriages will be recognised as legal for the first time in South African history – a move described as more than 300 years in the making. Since Muslims were first brought to South Africa as slaves more than three centuries ago…

VOETSTOOTS

‘VOETSTOOTS’ VS LATENT & PATENT DEFECTS   Sellers must be careful not to abuse the ‘voetstoots’-clause in agreements of sale of immovable property. There is a duty on the Seller to be transparent and disclose all latent (hidden) defects in the property being sold. Failure to do so will entitle the Purchaser to institute a…

Deregistered entities

DEREGISTERED ENTITIES   Where a property is registered in the name of a Close Corporation or Company, cognisance must be taken when selling the property, that such entity is still registered at the offices of the Companies and Intellectual Property Commission (CIPC). The CIPC usually deregisters a Close Corporation or Company in the event of…

Height Restrictions

SPECIAL / SUSPENSIVE CONDITIONS – HEIGHT RESTRICTIONS   Introduction: In the Real Estate industry, the protection of property views can be a crucial and deciding factor when considering an offer to purchase. By concluding a sale agreement between a Seller and Purchaser, the real estate agent establishes a relation between the parties, stretching for a…