The Trustees for the time being of Hunter Family Trust v Duin-en-See (Pty) Ltd and Others (5035/2017) [2022] ZAWCHC 141 (26 July 2022)

Companies owning immovable property and operating a share block scheme Article written by Erin Gradidge, checked by Divina Naidoo, Associate, and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys. 12 August 2022 BODY OF ARTICLE: Introduction The Transfer of shares in a company owning immovable property and operating a share block scheme only gives
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THE DUTY TO DISCLOSE

INTRODUCTIONThis article briefly explores the duty of the seller and the property practitioner to disclose defects to prospective purchasers when selling immovable property, and the parameters of this duty. DISCLOSURE AND PROPERTY PRACTITIONERSThe duty of an estate agent with regards to the issue of disclosures is set out in Regulation 34.3.2 of the Property Practitioners
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The Application of Rule 46A in relation to the Execution of Residential Property owned by Juristic Persons.

Article written by Katleho Selepe, Candidate Attorney, checked by Kyle Venter, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 15 July 2022 Introduction The laws of the Republic of South Africa demand that sufficient protection is afforded to judgment debtors who are at the risk of having their residential property executed on. Rule
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LH v ZH  2022 (1) 384 (SCA)

Article written by Regan Turnbull, checked and released by Alisha Naik, Candidate Attorney at Schindlers Attorneys. BACKGROUND This case concerns the application and interpretation of s 18(a) of the Matrimonial Property Act 88 of 1984 (“The Act”). Prior to the solemnisation of her marriage to the Applicant, the Respondent was involved in a motor vehicle
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The Rental Housing Tribunal: All Bark and No Bite?

Article written by Nombuyiselo Mvelase, Candidate Attorney, checked by Kyle Venter, Associate, and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys. 21 February 2022 Introduction The Rental Housing Tribunal has been described as being “all bark and no bite” in the sense that it does not have the authority to compel parties to act in
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Is Registration of Home Builders required where they build to lease in terms of the Housing Consumes Protection Measures Act 95 of 1998?

INTRODUCTION This article examines whether the registration and enrollment requirements in the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”) applies to home builders who build homes with the intention of leasing same to tenants, as opposed to selling. The establishment and objects of the National Home Builders Registration Council (“NHBRC”) The Act
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National Home Builders’ Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96 (21 June 2019)

SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
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