“Honesty is the best policy” (Benjamin Franklin) A recent High Court decision again confirms that when it comes to selling your house, honesty is indeed the best policy. Specifically, disclose all defects you know of to potential buyers, or risk expensive litigation and damages claims. Defects and Defences The...

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps approaching the Community Schemes Ombud...

“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece)   As the philosopher and mathematician, Thales pointed out two and a half millennia ago, signing surety for another’s debts carries a huge risk. Yet every day directors of property...

“The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable)   One of the more pervasive myths in South Africa is that, if...

“There ain’t no such thing as a free lunch” (Wise old adage) You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you...

When crowds attempted to illegally settle on tracts of unused, but privately owned property from Sandton to Midrand in March, it brought home the reality that attempted land grabs are likely to continue, and could escalate to illegal settlers on private property or even claiming...

“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman)   We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent...

“Co-ownership is the mother of disputes” (Roman law maxim) Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life...