A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting...Read More
Most buyers treat a deposit as a show of good faith. The law treats it very differently. When a sale collapses because of a buyer’s breach, that deposit may be lost entirely. The Conventional Penalties Act offers limited relief, but the threshold for court intervention is high. A recent case, in which the buyer lost...Read More
We all know that a comprehensive estate plan, with a carefully crafted will at its heart, is essential to ensure that we’re on track to leave our loved ones financially secure. And that of course requires us to quantify not only our assets, but also the costs that our estate will have to pay out...Read More
A deck collapsed seven months after transfer. The buyers, convinced they’d been sold a raw prawn, headed to the courts. Eight claims and twelve years later, they haven’t recouped a cent. A 2026 Western Cape High Court judgment draws a sharp line between what the law protects buyers against and what it does not. “The...Read More
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals. A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section...Read More
It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye...Read More
Buying and selling a house is probably one of the most important financial transactions you will ever be involved in. Not to mention the emotional aspect of acquiring or letting go of your “home sweet home”. This is why it’s vital to choose the right conveyancer. Case in point, a recent court battle which saw...Read More
If a dispute with your neighbour spirals out of control, and legal intervention becomes inevitable, bear in mind that our courts have signalled strongly that we should make every effort to settle our disputes privately before resorting to litigation. A High Court’s recent criticism of all the parties to a parking dispute was that...Read More
Valentine’s Day isn’t just a great excuse to indulge in ruinously expensive red roses, cards and heart-shaped chocolates. It’s also a reminder that if you’re in a cohabitation arrangement, there will be financial implications – making it essential to check that your relationship’s legal aspects pass muster. Particularly when you start acquiring high-value assets jointly,...Read More
Hopefully 2026 will gift us some really positive movement in the property market. This is great news, but please note this cautionary tale from the Supreme Court of Appeal. A husband transferred his half share in the marital house to his wife to protect it from his creditors. But after the couple divorced, he found...Read More