INTRODUCTION In every sale of immovable property, transfer duty or VAT is payable. However, in transactions where the seller is registered for Value Added Tax (VAT) then VAT may be payable. VAT is an indirect tax that is leviable on the supply of goods and services by a registered VAT vendor (Vendor). Output tax is

Article written by S’negugu Dlamini, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 18 November 2021 What are “Rates Clearance Figures”?When a seller sells a property, he/she/it is required by law to obtain a rates clearance certificate (“RCC”) from the local municipality, which certifies that all rates and other municipal charges

Article written by Marc Barros Gevers, Candidate Attorney, checked and released by Keane Robertson, Partner at Schindlers Attorneys 24 November 2021 Background In this case the Appellant’s attorney brought an application in terms of rule 49(1) of the Magistrates’ Courts Rules for the recission of judgment granted by default. Rule 49 provides: (1) A party

Article written by Celeste Frank, Candidate Attorney, checked by Jordan Dias, Associate, and released by Charlotte Clarke, Senior Associate at Schindlers Attorneys (Solicitor of England and Wales) 23 November 2021 BACKGROUND The Applicant is the ex-husband of the First Respondent, and the Second and Third Respondents are children born of the marriage between the Applicant

Article written by Angela Paschalides, Candidate Attorney, checked by Jordan Dias, Associate and released by Charlotte Clarke, Senior Associate at Schindlers Attorneys (Solicitor of England and Wales) 22 November 2021 Background The High Court of Justice of England and Wales (Commercial Court, Business and Property Courts) (the “Court”) heard an application by Devas Multimedia Private

INTRODUCTION In order for a conveyancer to register a transfer at the deeds office, they are required to lodge a rates clearance certificate (RCC). For both sectional title and freehold property, the rates clearance figures for rates and refuse charges will be incorporated. In the case of freehold property, the rates clearance figures will include

INTRODUCTION The steps were taken after receipt of an instruction from the bank and prior to registration of a mortgage bond vary from transaction to transaction, there are however certain steps that are uniform depending on the type of bond instruction and we set these out below, together with a brief explanation. This is not intended

Article written by Alisha Naik, Candidate Attorney, checked by Jordan Dias, Associate and released by Pierre van der Merwe, Partner at Schindlers Attorneys 12 November 2021 INTRODUCTION Whilst South Africans possess the constitutionally protected right to freedom of expression, it is important to remember that this right is limited. When one exceeds the limitations imposed,

Article written by Megan Brook, Candidate Attorney, checked by Simone Jansen van Rensburg, Associate and released by Kerry Theunissen, Senior Associate at Schindlers Attorneys Introduction‘Massing’ is a useful estate planning tool, especially for those who are married (regardless of their marital regime). There are, however, legal requirements which must be met in order for there

Article written by Stefano de Gouveia, Candidate Attorney, checked by Simone Jansen van Rensburg, Associate and released by Pierre van der Merwe 04 November 2021 INTRODUCTION Notarial bonds are a special form of security which may be utilised in addition to the traditional forms of security, such as mortgage bonds, pledges, suretyships or cessions to