General
Legal certainty for habitatio
17 May 2012
Allen West submits that one cannot register a habitatio without the procurement of a diagram of that portion of the land on which the dwelling is erected.Conveyancing scam
24 May 2012
An urgent request from Ann Bertelsman of the AIIF who highlights the latest scam of which conveyancers must be aware.Negative personal servitudes
24 May 2012
Allen West discusses the transfer duty implications of the creation of negative personal servitudes in a deed of transfer of immovable property.Who must pass transfer?
31 May 2012
Recently in Edkins v Registrar of Deeds, Johannesburg and Others it was held that the Sheriff is allowed to pass transfer in sales in execution prior to the surrender of an estate.Will trust query
31 May 2012
A reader would like to know whether Paragraph 51A of the Eighth Schedule of the Income Tax Act includes Trusts in the moratorium.The abstract system and s 100
14 June 2012
Thobeloni Msoni discusses s 100 of the Deeds Registries Act - concerning formal defects - and its relation to the abstract and causal theories of ownership transfer.Hypothecation of an undivided share
21 June 2012
An answer with reference to the Deeds Registries Act to the question as to whether a co-owner of land may mortgage his/her share in such land.Multi-tiered structures
21 June 2012
SARS accepts that under Paragraph 51A(4) of the Eighth Schedule residences can be transferred directly to a beneficiary of a trust, thereby avoiding having to terminate the trust.Praedial servitudes
28 June 2012
Allen West discusses the cancellation of praedial servitudes by agreement, by abandonment, by effluxion of time, by court or legislation, and of lapsing by merger.Nature of co-ownership
05 July 2012
If ownership of a piece of land is not confined to one person, from a registration point of view it is interesting to ascertain what rights a co-owner may grant over his share.
