“Justice cannot be for one side alone, but must be for both.” (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court
Category: Property Law
Property law is a branch of private law that governs the rights and responsibilities of individuals regarding “things” or objects, defining how property can be owned, acquired, and transferred. It involves regulating the relationships between people and objects, harmonizing competing interests, and ensuring individual property rights. Key aspects include defining what can be owned, establishing how to acquire property through various means, and regulating the transfer of ownership.
Key Concepts
Real Rights:
These are rights a person holds over a specific thing, such as a piece of land or a movable object.
Ownership:
The most complete and absolute right a person can have over a thing.
Legal Subjects and Objects:
Legal subjects are individuals or entities that can have rights and duties, while objects are the things (tangible or intangible) that people can have rights over.
Your Property Purchase Collapses: Can You Get Your Deposit Back?Your Property Purchase Collapses: Can You Get Your Deposit Back?
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee
Estate Planning: The Ambush Tax Lurking in the WingsEstate Planning: The Ambush Tax Lurking in the Wings
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all
Dodgy Deck: When a Property Defect is Your Problem, Not the Seller’sDodgy Deck: When a Property Defect is Your Problem, Not the Seller’s
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs
Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or ElseBodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else
“Good rules make good neighbours.” (Old proverb, updated) The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights. With its innate potential
Beyond Your Will: Leaving a LegacyBeyond Your Will: Leaving a Legacy
“Legacy is not leaving something for people. It’s leaving something in people.” (Peter Strople, former Dell Computer Corporation director) Leave a personal legacy, not just a financial one We all
Considering Using Sequestration to Recover Levies? Think AgainConsidering Using Sequestration to Recover Levies? Think Again
“The only man who sticks closer to you in adversity than a friend is a creditor.” (Evan Esar) Body corporates face a familiar problem. Owners fall into arrears. Levies go unpaid.
Buying a House: What Costs Will You Pay, and When?Buying a House: What Costs Will You Pay, and When?
“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” (English novelist Anthony Trollope) With interest
Choose Your Conveyancer with Care! Choose Your Conveyancer with Care!
A Cautionary Tale of “Fraud Unravels All” “Fraud unravels property transactions even where innocent third parties are involved.” (Extract from judgment) Congratulations, you’re the proud new owner of your dream
Parking Disputes and the “Reasonable Neighbour” TestParking Disputes and the “Reasonable Neighbour” Test
“Wouldn’t it be nice to get on with me neighbours?” (from “Lazy Sunday” by Small Faces) Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if