Law Reports

Fischer

24 January 2019

Does ownership of half share in immovable property vest immediately in a spouse upon granting of divorce order or through transfer by way of endorsement?

Road less travelled

07 February 2019

What right do nearby landowners have to challenge compliance with municipal planning by-laws when they were not enacted for their benefit?

Legitimate expectations

14 March 2019

Application of the legitimate expectations test: when sufficient derogation in value will disqualify a building application under s 7(1) of the Building Standards Act.

Not so sterling

25 May 2018

In a recent court case the Registrar of Deeds was held liable for damages for negligently transferring immovable property when the deeds ought to have been rejected.

National Building Review Board

19 July 2018

All zoning decisions lie within the competence of the municipality, therefore building plan approvals are not reviewable by the National Building Regulations Review Board.

Mounthaven (Pty) Ltd - II

01 November 2018

eThekwini Municipality v Mounthaven (Pty) Ltd: Registering a re-transfer clause in a deed of transfer at the deeds registry does not change the fact that it remains a personal right.

Building in a development?

12 January 2017

Jack Crook discusses a recent case which highlights the risks associated with not building on your plot in a development within the time limit specified.

Barking dogs driving you batty?

09 February 2017

Jack Crook considers a recent High Court case which neatly illustrates our law's approach to protecting oneself from noisy neighbours generally.

Sable Hills

09 February 2017

Sable Hills Waterfront Estate- Obligation of HOA members to pay levies for stands and units in a development is a question of interpreting the articles of association.

10% Commission - lost

09 March 2017

Jack Crook discusses a recent case which shows yet again how essential it is to double-check that your Fidelity Fund Certificate (FFC) is both current and valid.
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