“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails
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.
Cancelled Sale, Damaged Property. Who Pays?Cancelled Sale, Damaged Property. Who Pays?
“You do not mend a broken vase by handing over a new one.” (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the
Can Your Neighbour’s CCTV Camera Point into Your Property?Can Your Neighbour’s CCTV Camera Point into Your Property?
“Good fences make good neighbours.” (Robert Frost) The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became
Your Dormant Trust Is Not Invisible to SARSYour Dormant Trust Is Not Invisible to SARS
“Things do not go away. They go somewhere.” (Annie Dillard) Many trustees assume that a dormant trust can be safely forgotten. No income, no assets, no transactions … No problem.
Dementia in the Family? Here Are Your Legal OptionsDementia in the Family? Here Are Your Legal Options
“By failing to prepare, you are preparing to fail.” (Benjamin Franklin) A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person’s ability to
One Bad Letter and Your Eviction Falls ApartOne Bad Letter and Your Eviction Falls Apart
“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order
Married Out of Community of Property? You May Still Be Entitled to a ShareMarried Out of Community of Property? You May Still Be Entitled to a Share
“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
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