News & Articles
Must a sectional title scheme developer also pay levies?
On closer inspection of the Sectional Title Schemes Management Act 8 of 2011 (‘Act’), it is clear that the developer forms part of the body corporate, and the Act and its financial obligations are also applicable to the developer.
The practicalities of a sectional title scheme
“I have recently acquired a piece of land and I think it has great potential for sectional title development. Will this be a good investment and what are the practicalities that I need to keep in mind?”
Right-of-way servitude and how to register it?
Registration of a right-of-way servitude can be a useful and sometimes vital mechanism granting the holder of such a right a method through which to travel to and from their property. In this article, we will discuss what a right-of-way servitude is, how such a servitude is created, how it will lapse or how it can be cancelled.
Can Sectional Owners install Solar Panels at their Unit in a Sectional Title Scheme?
In response to severe power cuts in South Africa, sectional owners are exploring alternative and renewable power solutions to mitigate the impact of loadshedding, prompting questions about the legalities and requirements for installing solar panels at sectional units.
Navigating the boundaries of ancestral practices in a sectional title scheme
“A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?”
Trustees take note – new platform for your trust Beneficial Ownership reporting
This October, the Acting Chief Master signed a directive introducing the new electronic platform for reporting Beneficial Ownership information at the Master. This new platform was introduced after the Master received an overwhelming number of concerns from Trustees about the reliability, privacy, security and functionality of the Google Forms document that was previously used for Beneficial Ownership submissions to the Master.
Does a claim for maintenance fall away when you die?
A question that often arises is what happens to a person’s maintenance obligations when they pass away. In this article, we have a look at what the legal position is regarding maintenance in the event of death.
Navigating spousal maintenance in your Antenuptial contract
When getting married a common option for couples is to select getting married out of community of property with the accrual system. This requires an antenuptial contract to be drawn up by a notary. But what happens if one of the spouses wishes to also in the antenuptial contract exclude the right to claim maintenance should they get divorced. Is that at all enforceable?
Should you consider massing your estate?
A term often encountered in estate planning but generally not always that well understood, is the “massing” of estates. In this article we take a look at what is meant by “massing” and when it makes sense to use massing in estate planning.
Real estate in a deceased estate – what are the options?
Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.
Estate Planning – a necessary tool in uncertain times
The last number of years have seen the world go through dramatic changes, pandemics, environmental upheavals, wars, financial volatility and massive political uncertainty affecting every individual and country in one way or another.
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Cybercrime – a clear and present danger for individuals and businesses
Cybercrime has become a global pandemic with South Africa leading the charge in terms of countries that have become a hotspot for cybercrime, earning us the dubious honour of being labelled the cybercrime capital of Africa. With October being international cyber security awareness month, we touch on some of the issues and risks which South African businesses face with respect to cybercrime.
Beware of the VAT pitfall in your sale of property agreement
An item that is often overlooked when buying or selling property is the issue of VAT and whether such is payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?
Does a construction contract have to be in writing?
You’ve been planning to make some upgrades to your home and you’ve approached a building contractor with a good reputation who is happy to take the job. The only question remaining is, do you have a written construction agreement drawn up, or can you and the contractor verbally agree on the scope of work and price?