HUUR GAAT VOOR KOOP

INTRODUCTION The purpose of this article is to examine the maxim “huur gaat voor koop” that applies in South African Law. MEANING OF THE MAXIM Loosely translated it means that an existing lease trumps a later sale. This means that in the case of a lease of immovable property, a tenant is protected against the
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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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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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Muddying the waters: COJ’s confusing “zoning driven rating policy”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are distinct legal concepts, and that this entitles it to change a consumer’s tariff without following the procedure prescribed in the Local Government: Municipal Property Rates Act (“the Act”), that applies to the change of a consumer’s rating categorisation.
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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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BUILDING PLANS AND VOETSTOOTS

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
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Is there a duty on conveyancers to tell purchasers about seller’s historical debt?

Background Several municipalities (Tshwane, Ethekwini and Ekurhuleni) argued in the Constitutional Court in the “New Ventures”[1] matter that it is lawfully permissible for a municipality to attach and sell a purchaser’s property in order to satisfy debt owed to the municipality by prior owners of that property. The municipalities argued that this right was given
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Sectional Title Properties – does zoning or use determine the rating classification?

By Chantelle Gladwin, Partner and Ramon Pereira, Associate Introduction The law provides in the Local Government:  Municipal Property Rates Act 6 of 2004 that a municipality must determine its own rating policy, and that it may have reference to either zoning or use when classifying a property for rating purposes.  There are times when the
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When does a person need to register with the NHBRC?

Introduction This article looks at when it is necessary in terms of the National Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) for a person or entity to register with the National Home Builders’ Registration Council (NHBRC) as a “home builder”.   Home builder In terms of section 10 of the Act, any
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