Notaries: What Are They And Why Do We Need Them?
In the intricate tapestry of legal processes, Notaries in South Africa stand as guardians of authenticity, entrusted with the solemn duty of ensuring the integrity and validity of certain specialised legal documents. Rooted in tradition and endowed with significant responsibility, the office of a Notary holds a position of paramount importance in both historical context […]
Understanding Voetstoots
It is common practice to include a voetstoots clause in a sale agreement, whether for movable or immovable property. Often sellers are under the wrong impression that this clause is a blanket indemnity against anything that is wrong with the sale item. On the other hand, purchasers don’t realise their duty to thoroughly inspect the […]
Demystifying Rental Deposits: Rights, Responsibilities, And Best Practices
The purpose of rental deposits in lease agreements and the Rental Housing Act, 50 of 1999, should be to protect both the landlord and tenant, yet so often these rental deposits are a great source of financial stress for tenants and abused by landlords for their benefit. Landlords and tenants alike should therefore be aware […]
Landmark Constitutional Court Ruling Changes Effect Of Marriages Out Of Community Of Property In South Africa
EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others[2023] ZACC 32 On 10 October 2023, the Constitutional Court delivered a groundbreaking judgment in two separate cases that both challenged the constitutionality of section 7(3) of the Divorce Act, 70 of 1979. Section 7(3) of the Divorce Act […]
Understanding The Role Of A Conveyancer In Property Transactions
A conveyancer is not your typical attorney. In South Africa, they play a specialised and crucial role in property transactions. Here are some of the main aspects that set conveyancers apart from other attorneys: 1. Specialisation in Property Law: A conveyancer is an attorney who specialises in property law. To become one, they must have […]
