More General Articles

General

Prohibition against transfer

29 April 2021

Allen West discusses the implication of title deed conditions in respect of agricultural holdings which contain a provision that the land may not be further subdivided, or any portion thereof sold, leased or disposed of, or transferred to two or more persons, without the consent of the Board.

Membership or interest

22 April 2021

Allen West discusses the Transfer Duty implications of transferring shares in a company or transferring a membership interest resulting in the purchaser getting access to and control of the property.

Agricultural subdivision

15 April 2021

Allen West discusses the application of the provisions of the Subdivision of Agricultural Land Act and the required documents to be lodged with all deeds when the subdivision of agricultural land is given effect to

Digital signatures - latest case law

15 April 2021

Robert Krautkramer discusses a recent case which is certain to be referred to and relied on (or criticised) in the years that lie ahead, on the vexing topic of what actually constitutes an electronic signature for the alienation of land.

Practices

8 April 2021

Allen West discusses Deeds Office practice with regards the correct description of companies being wound-up, under judicial management or business rescue, or in liquidation, when deeds are lodged for registration.

To be or not to be?

8 April 2021

Robert Krautkramer and Deon Welz respond to the stir caused by the suggestion that the Asbestos Abatement Regulations will require building owners to remove asbestos from buildings within the next 14 months.

Review Procedure

1 April 2021

Allen West discusses the necessary procedure to be followed by a Conveyancer / Notary when referring a matter to the Chief Registrar of Deeds for a review.

A measured response

25 March 2021

Deon Welz gives a measured response to the view that the proposed Expropriation Act of 2020 will irrevocably change property rights, our country and our economy. He considers the process; its exceptional application; and the role of courts in upholding the Constitution.

Spoliation trumps self help

25 March 2021

Landlords attempting to force defaulting tenants to settle or vacate by using a bit of instant “self-help” such as cutting electricity or water supplies, or by changing locks and by disabling access codes, risk an immediate and costly “spoliation order”. Jack Crook reports.

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