What Counts as a “Dispute” with a Municipality?

Introduction This is part 1 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”). Although one might question why it is necessary to write an article explaining what appears to be such a simple concept, we regularly receive reports of customers not being able to take
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The Great Escape Clause – Section 110 of the Systems Act

By Chantelle Gladwin-Wood, Partner and Dean Wright, Partner Introduction This article examines the legal effect of section 110 of the Local Government:  Municipal Systems Act (“the Systems Act”) in relation to a municipality’s burden of proof during litigation.  The (very alarming) section reads as follows: Certain certificates to be evidence In legal proceedings against a
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Expropriation # 2: Tenants and Occupiers

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction There are many controversial questions regarding Expropriation Without Compensation (“EWC”) doing the rounds, some of which are (purposely) being sensationalized by the media (and especially social media) to increase readership. This article is one of a series on expropriation and looks at some of
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What to do with a Tenant’s Leftovers

By Anja van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. In support of Womens’ Day tomorrow, all references to persons will be in the feminine, but must be understood as
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Self-help Evictions

By Maike Gohl, Senior Associate and Anja van Wijk, Senior Associate Introduction This article discusses the possible repercussions of landlords that undertake “self-help” evictions when it comes to removing occupants from their properties. Self-help evictions are attempts at removing anybody from a property without the necessary court order, and are also called unlawful evictions.  
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Business Rates for Residential Properties

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate   Introduction This article examines the instances in which the City of Johannesburg Metropolitan Municipality (“COJ”) charges residential property owners business rates, the legality thereof, and what a consumer faced with such a problem can do about it.   Legal Basis for Levying Rates The relevant
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NOTARIAL BONDS AS A FORM OF SECURITY

Introduction The registration of a mortgage bond over the immovable property of the debtor (“mortgagor”), in favour of the creditor (“mortgagee”), is a common example of granting security. A lesser known form of security is the notarial bond, which functions in a similar way to mortgage bonds but is registered over the movable property of
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Expropriation #1: Amendments to Section 25?

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
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What to do when your Neighbour Builds right up to your Property

Introduction This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.   Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few meters away from the actual borders.  These are known
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Levy Clearance Certificates

Written by: Chantelle Gladwin-Wood, Partner and Dr Jan Harm Swanepoel, Candidate Attorney   Introduction This article examines the law in relation to Levy Clearance Certificates, which must ordinarily be obtained before transfer can be passed of a unit in a Sectional Title Scheme.   What is a Levy Clearance Certificate? This is a document which
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