Expropriation #1: Amendments to Section 25?

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
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Municipal Mysteries: When “actuals” aren’t “actuals”

Introduction This article canvases what a consumer can do to protect himself[1] when a municipality is charging him according to “actual” readings for electricity or water consumption, but where the readings used by the municipality are clearly not ‘actuals’ and thus cannot be true and proper readings.   Actuals versus Estimates                                                                                                                                                            There are two types
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Muddying the waters: COJ’s confusing “zoning driven rating policy”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are distinct legal concepts, and that this entitles it to change a consumer’s tariff without following the procedure prescribed in the Local Government: Municipal Property Rates Act (“the Act”), that applies to the change of a consumer’s rating categorisation.
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What to do when your Neighbour Builds right up to your Property

Introduction This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.   Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few meters away from the actual borders.  These are known
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BUILDING PLANS AND VOETSTOOTS

Introduction If you have bought a property only to realize 6 months down the line that it does not have approved building plans, this constitutes a latent defect, and you may be able to claim damages as a result. Rights related to latent defects Where a latent defect is discovered after ownership has passed to
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Is there a duty on conveyancers to tell purchasers about seller’s historical debt?

Background Several municipalities (Tshwane, Ethekwini and Ekurhuleni) argued in the Constitutional Court in the “New Ventures”[1] matter that it is lawfully permissible for a municipality to attach and sell a purchaser’s property in order to satisfy debt owed to the municipality by prior owners of that property. The municipalities argued that this right was given
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Municipal terminations of supply – is a court order necessary?

Introduction This article considers the legal question of whether it is necessary for a municipality to obtain a court order before terminating the supply of electricity and/or water to a consumer’s property for non-payment of municipal charges. Principles of spoliation It is trite (accepted) law that if any person or entity (including a state entity
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Levy Clearance Certificates

Written by: Chantelle Gladwin-Wood, Partner and Dr Jan Harm Swanepoel, Candidate Attorney   Introduction This article examines the law in relation to Levy Clearance Certificates, which must ordinarily be obtained before transfer can be passed of a unit in a Sectional Title Scheme.   What is a Levy Clearance Certificate? This is a document which
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Baron and Others v Claytile and Another 2017 (5) SA 329 (CC)

SUMMARY The Applicants, who were formerly employed by the First Respondent’s brick factory, were entitled to occupy various farm units on the brick factory’s property, free of charge, for the duration of their employment. The Applicants were dismissed on disciplinary grounds. However, despite becoming employed elsewhere and having received written notice from the First Respondent
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Minimising Legal Costs in an Eviction

Minimizing costs/damages As soon as a tenant stops making rental or utility payments, a landlord needs to go into immediate damage control mode. Often, once the tenant starts defaulting, it is a sign that he or she cannot afford the rental and the landlord needs to act quickly to avoid and escalating pattern of default
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