by VDT Attorneys | Sep 7, 2017 | Lease, Property
A right of first refusal (also called a right of pre-emption) affords the holder of the right a preference to buy a property should the owner ever wish to sell it. Importantly, the owner does not have to sell the property, but should the owner decide to sell then the...
by VDT Attorneys | Aug 9, 2017 | Contract, Property
The legal question to be answered in this situation is whether or not the suspensive condition has been timeously and properly complied with. A suspensive condition is a condition that has to be complied with before the agreement between the parties is enforceable....
by VDT Attorneys | Jul 14, 2017 | Property
In short the answer according to a recent Supreme Court of Appeal case is “no,” you cannot be held liable for payment of the property rates for the entire financial year of the municipality when requesting a rates clearance certificate. In the case of Nelson Mandela...
by VDT Attorneys | Jun 9, 2017 | Construction, Consumer, Conveyancing, Property
A “servitude” is a limited real right registered in the Deeds Office against the title deed of the property of a person in favour of another person or entity. The holder of the servitude (right) will therefore be entitled to exercise some right on the property of...
by VDT Attorneys | Jun 9, 2017 | Business, Commercial, Company, Construction, Damages, Property, Tax
When your property company sold the property to the potential buyer, your company became liable, in terms of the Income Tax Act to pay the income tax calculated on the gain you made by reason of the sale in accordance with the following formula: Proceeds from the...
by VDT Attorneys | Apr 5, 2017 | Property
In a long line of court cases regarding the responsibility of owners for outstanding debts and the ability of municipalities to recover such from home owners, a strong view in favour of the home owner has been upheld in the recent High Court judgement of Argent...