builders lien

Builders Lien

BUILDER’S LIEN AND THE MANDAMENT VAN SPOLIE Where a builder’s lien is in place, owners must be aware not to take the law in their own hands where the builder does not perform in terms of the building agreement. The fundamental purpose of the mandament van spolie remedy is to serve as a tool for…

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: The…

Domiclium citandi et executandi

DOMICILIUM CITANDI ET EXECUTANDI In all sale agreements and most contracts (hopefully) the contracting parties must indicate their physical address for delivery of notices and legal documents. The legal and Latin term is commonly known as domicilium citandi et executandi. It is each contracting party’s responsibility to notify the other party of a change of…

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 their…

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 claim…

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 failure…

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 period…