Property Archives - Page 2 of 2 - Ashersons Attorneys

13 Mar 2019

Instalment sale agreements: when can a seller cancel?

A recent decision handed down by the Constitutional Court in the matter of Amardien and Others v Registrar of Deeds and Others [2018] ZACC 47 confirms the steps to be taken by a seller before he may unilaterally cancel an instalment sale agreement. Recordal of the instalment sale agreement In terms of Section 20(1)(a) of the Alienation of Land Act 68 of 1981 (“the ALA”), a seller is required to ensure that an instalment sale agreement ("ISA") entered into with a purchaser is recorded against the title deed of the property with the Registrar of Deeds. Section 26(1) of the…

01 Apr 2018

By Rafi Weiner

How to Avoid Disputes over Jointly Owned Property

Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life partners buying your first home. Perhaps you are a group of families planning to share a holiday house, or two firms looking to co-own business premises. Just be very careful here… What can go wrong? Co-ownership (or “joint ownership” – it’s the same thing) always starts off all fine and friendly. You’re life partners, or business partners, or best friends (you may even be…

04 Apr 2017

By Ashersons Attorneys

Property: What Are Your Rights to Views and Privacy?

There are a number of high court cases dealing with a property owners "right to a view" and it seems that with the number of new developments in sought after areas these issues will continue to come up. We've previously looked at a property owners' attempt to enforce a height servitude over a neighbour's property and another case where property owners attempted to stop neighbours from going double-storey. The recent judgment in Judgment in Da Cruz and Another v City of Cape Town and Another (6561/2015) [2017] ZAWCHC 1 is yet another warning to do your homework before you buy or develop…

26 Apr 2016

By Ashersons Attorneys

Property and trusts – be careful!

For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer check that whoever signs for the trust is fully authorised to do so. For want of authority, the case is lost If you don't ascertain up front that the person signing the agreement on behalf of the trust is properly authorised, you could be in for a major shock if you come to blows and need to ask a court for assistance. The recent case…

24 Aug 2015

By Ashersons Attorneys

Buying And Selling Property: The Bond Clause Blues, And How To Beat Them

“Men keep agreements when it is to the advantage of neither to break them” (Solon, Athenian lawgiver c. 638 BC - 559 BC) Here’s the story of yet another High Court battle over a disputed property sale agreement. A fight over how to interpret the “bond clause” again highlighted how vital it is to clearly express the intentions of both the seller and the buyer in every word of the agreement. A seller gets cold feet (the facts) The seller sold a property to the buyer for R1,62m, payable on registration of transfer. The bond clause made the sale conditional…