VACANT GARDENS AND PROPERTY RATES
Friday, 17 January 2020
INTRODUCTIONThe purpose of this article is to explain the laws and policies that determine how property rates and other services are charged to erven that do not have residential homes on, but form part of the garden of a person’s residence. TYPICAL EXAMPLE The problem discussed in this article most commonly arises where a person’s
- Published in 2015, Property Law
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Liability for ‘Historic’ Municipal Debt in Sectional Title Schemes
Friday, 15 November 2019
Introduction This article considers whether or not (and if so, to what extent) sectional title unit owners are liable to firstly the body corporate, and secondly the municipality, for municipal debt incurred by the body corporate prior to their becoming owners, and if so, in what proportions. The problem Imagine that you are an owner
- Published in 2019, Sectional Title Schemes
“TACKLING “URBAN DELINQUENCY”
Thursday, 26 September 2019
Introduction Urban delinquency is a term coined by our offices to describe the growing trend by occupants and owners of ignoring or openly violating municipal by-laws, health and safety laws, environmental laws, building laws and zoning laws in densely populated urban areas. This article explains how some of the more typical violations of these important
- Published in Property Law, 2019
What Counts as a “Dispute” with a Municipality?
Friday, 09 November 2018
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
- Published in News, 2018, Municipal Law, Property Law
Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances
Tuesday, 25 September 2018
Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
- Published in News, 2018, Municipal Law, Property Law
BUILDING PLANS AND VOETSTOOTS
Thursday, 23 August 2018
Introduction If you have bought a property only to realize 6 months down the line that it does not have approved building plans, this constitutes a latent defect, and you may be able to claim damages as a result. Rights related to latent defects Where a latent defect is discovered after ownership has passed to
- Published in News, 2018, Property Law
Van Vuuren v Ethekwini Municipality 2018 (1) SA 189 (SCA)
Friday, 17 August 2018
SUMMARY High Court: Facts: John, an 8-year-old boy, had been playing on a waterslide owned by the Ethekwini Municipality (the “Respondent”). While John was sliding down the slide he was pushed by a child behind him, causing him to lose his balance which resulting in him suffering various injuries. No municipal official was controlling access
- Published in 2018, Criminal Law, News
The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31
Monday, 09 July 2018
Introduction The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the
