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Sloan Wilson Attorneys Newsletter – September 2016

Special Levies in Sectional Title Schemes

The raising of special levies in a Sectional Title scheme is often the cause of conflict between owners and Trustees in the scheme. I have attended many Body Corporate meetings which have been called […]

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Remember the basics when signing the Deed of Sale

Yonda Investments CC v Rohr and Another (29235/2009) [2012] ZAGPPHC

(25 June 2012)

This recent judgment is one of many cases in which a Deed of Sale is declared void for non-compliance with the law and illustrates how important it […]

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Renegotiating an offer that has lapsed

Matthysen v Stoney Ruver Properties 53 CC (2011 JDR 1866 (GNP)) (22 December 2011)

This recent Court case illustrates the inherent risks associated with parties renegotiating an offer that has lapsed.

On 1 September 2010 the purchaser purchased a commercial […]

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Bond Clauses

Murphy and another v Durie 2006 JOL 18301 (C) [7 September 2006]

When has a loan been “obtained” by a Purchaser? Does the word “obtained” mean the same as “granted”? Does the word “granted” mean the same as “granted in […]

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Beware of poorly worded “Bond Clauses”

Park 2000 Development (Pty) Ltd v Page (905/2010) [2011] ZASCA 208 (29 November 2011)

This recent court case dealt with the “bond clause” and suspensive conditions in a deed of sale relating to the sale of land. In this case […]

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Buyers at Auctions Beware!

Rademeyer v Viljoen and Another (69/11) [2011] ZASCA 189 (3 November 2011)

This recent court case highlighted one of the potential risks of purchasing property at an auction.

The buyer bought three farms (which were owned by a trust) at […]

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LATENT DEFECTS AND THE VOETSTOOTS CLAUSE

Banda and Another v Van der Spuy and Another (08/5489) [2011]. ZAGPJHC 126 (23 September 2011)

Latent defects and the voetstoots clause were again under the spotlight in this recent court case.

The facts of this case were as follows: […]

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A PROPERTY OWNER’S RIGHT TO A VIEW

I was recently consulted by clients for advice on whether or not they could prevent their neighbours from erecting a structure which would obstruct their views of the sea.

The question of whether or not a property owner enjoys a […]

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