You find out after taking transfer of your new house that your property comes with a “right of way” servitude in favour of your neighbours. That’s bad news not only for your enjoyment of your nice new property, but also for its value. A recent High Court decision addressed just such a situation. A property...Read More

Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to hide behind a voetstoots clause in the sale agreement. They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect....Read More