Caution Advised: The Pitfalls of Online Antenuptial Contracts
In South Africa, an antenuptial contract (ANC) is a critical legal document that determines the matrimonial property regime of a marriage. While the online creation of ANCs offers convenience and cost-effectiveness, there are significant factors to consider before opting for this
Understanding Homeowners Associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their
Who Owns Your Home—the Bank, or You?
With the majority of homes in South Africa being financed by the country’s largest banks, a common online debate persists: who truly owns a mortgaged home? Some believe that the bank holds ownership, but the reality centers around two key factors: The authority you assume o
The creation methods of servitudes in South Africa
Servitudes in South Africa can be established in several ways. The methods of creation include registration by court order and through legislation. A servitude is a limited real right that allows the holder to use and enjoy another person’s property or restricts the property ow
Does My Maiden Name Automatically Change if I Get Married in South Africa?
Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to change one’s maiden name after tying the knot. In South Africa, as in many other countries, there are legal and
Understanding Mortgage Bond Cancellation: Key Steps and Considerations
In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1: Notice of cancellation Initially, the property owner must submit a
Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?
Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for r
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Getting married marks an exhilarating period filled with thoughts of potential venues, wedding attire, and your future living arrangements. However, it’s crucial to allocate time for contemplating an antenuptial agreement (AN). This legal document is vital for dictating the
Why a Notary? – Part 1
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public fu