Moving out? What tenants need to do before moving out

We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in day. As stressful and time-consuming as moving might be, it can also be exciting as you are moving on to better and greater things. However, […]

Renting property under debt review

“I’ve been struggling to pay off my debt and to manage my finances. As a result, I am now under debt review. Can I still rent a property even though I am under debt review?” The answer, in short, is yes. The process of debt review is considered to be a saving grace for those […]

What is a water use licences and what is it for?

According to The National Water Act 36 of 1998, owning land with any type of water resource does not give an automatic right to use the water. All water use is approved by the Department of Water and Sanitation by general authorization or by issuance of a licence to use the water upon application by […]

Joint ownership: How do I terminate without the co-operation of the other joint owner?

Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains in existence, and a joint owner also cannot alienate the property or a part thereof without the consent of the other joint owner. The rights […]

There is a way to keep the view

When you purchase a house with a view, you probably think that you are going to enjoy this view every day for the rest of your life. Until you receive a flyer with a picturesque multi-story building guaranteed to block your view. This will definitely result in a few disputes that will leave you wishing […]

When can the municipality disconnect my water and electricity?

The municipality is the place where most, if not all, services are monitored for their availability to a property, and it is the very place that may cut off the supply of said services. Their authority does, however, come with the responsibility of remaining within the legal boundaries of managing the supply of services to […]

Damage to property

What happens when your property has been purposefully damaged, especially during an altercation?  Uber car torching During the road closures by meter taxis in Johannesburg on October 27 2017, two Uber drivers’ cars were set alight. A total of thirty meter taxi drivers were arrested for traffic disruption on the R21 and R24 highways of […]

Am I prejudiced by an arbitration clause in my building contract?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause. This article looks at the advantages of resolving disputes relating to building contracts by arbitration rather than by litigation in the courts. I had a written contract with a builder to make substantial alterations to […]

Can the future development of a property be stopped?

The provincial heritage resources authority (PHRA) granted a permit in terms of Section 34 of the National Heritage Resources Act 25 of 1999 for the demolition of a structure that was older than 60 years and situated on a property with no formal heritage status. By doing so, conditions were imposed controlling future development on […]