Property Ownership Transfer and the Abstract Theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as
What Role Do Homeowners’ Associations Play in Shared Developments?
Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, the legal framework surrounding HOAs can be complex, involving legislation such as the Sec
A Step-by-Step Guide to Buying a House in South Africa
Purchasing a home is an exciting milestone, but without proper guidance, the process can be daunting. South Africa’s property market has unique legal and financial steps that buyers must follow. Whether you’re a first-time buyer or an experienced investor, this guide will wal
Airbnb and Sectional Title Regulations
Navigating the rules and regulations for short-term letting. With short-term letting and (more specifically) Airbnbs ramping up in South Africa, disgruntled owners and tenants are voicing their concerns when it comes to short-term letting properties contained in complexes, estate
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Proper
Five home ownership costs you shouldn’t overlook
It’s not all about interest rates. With interest rates at a multi-year low, now is an opportune time for first-time homebuyers to step into the property market. However, when it comes time to budget, potential homebuyers are urged to account for several important, but often ove
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Sch
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner
Protect Your Family’s Assets with Effective Estate Planning
Make sure your assets are managed and distributed according to your wishes. Estate planning is an important step in protecting your family’s future and avoiding any unnecessary complications. Here’s a simple guide to the key steps involved in the process. Define Your Goal