An owner’s property rights where the property is more than 60 years old

This article discusses the court’s finding in the case of Gees v Provincial Minister of Cultural Affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016), in which it was held that the onerous conditions imposed by a heritage authority for the re-development of the property
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Judge, Jury and Executioner? Municipalities submitting rezoning applications to themselves!

This article considers the legal question of whether a municipality can submit an application for the rezoning of land that it owns to itself, consider that application in the first instance itself, and thereafter consider an appeal in respect of that application itself. These are essentially the facts of the case currently before the Johannesburg
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JUDGMENT HANDED DOWN 29 AUGUST 2017 IN CONSTITUTIONAL COURT CHANTELLE JORDAAN AND OTHERS V CITY OF TSHWANE METRPOLITAN MUNICIPALITY AND OTHERS CASE NUMBER: CCT 283/16, 293/16 AND 294/16

Click here for TUHF’s Press Release:  URGENT NOTIFICATION FROM SCHINDLERS 31 August 2017-Jordan s 118 The applicants in this matter were various consumers of various municipalities.  They had been refused the supply of services to their properties, or had had their service supply to such properties terminated, on the basis that they refused to make
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Case Note: City of Tshwane v Blom 433/2012 [433/12] 88 ZASCA (31 May 2013)

Summary The issue herein relates to whether sections 8(1) and 8(2) confers authority on a municipality to add to the list of categories of rateable property by creating in its rates policy a category called ‘non-permitted use’ or ‘illegal use’ and levy a higher rate accordingly. The issue arises because the Appellant has categorised the
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What to do with a Tenant’s leftovers?

This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. Vacation/Absconding and Abandonment Until such time as a tenant vacates the property voluntarily or the sheriff removes the tenant from the property in terms of an eviction order, the landlord is
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How do Section 78(5) Re-Valuations Work?

Before section 78 of the Local Government:  Municipal Property Rates Act (“MPRA”) was amended (on 1 July 2015), if a municipality wanted to re-value or re-categorise a property for rating purposes at any time other than on a general valuation roll (which only happens once every 4 to 5 years) it was legally obliged to
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How do Property Valuation Rolls work?

Every property is supposed to have a municipal valuation.  You should see a value, represented in Rands, somewhere on your municipal statement.  This is the property valuation that the municipality has ascribed to your property.  If you do not receive statements, you will have to phone the municipality and quote your account number and name,
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Case Note: Margalit V Standard Bank of SA Ltd (883/2011) [2012] ZASCA 208 (3 December 2012)

Summary The Appellant was the owner of immovable property (“the Property”) situated in Sandton. The First Respondent was Standard Bank South Africa, Limited; and the Second Respondent was the conveyancing attorney who was responsible for cancelling the bonds on the aforesaid Property (“the Conveyancing Attorneys”). The Appellant sold the Property to a third party at
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Case Note: Van Coller and Another v Machele and Others (96124/2016) [2017] ZAGPPHC 191 (18 May 2017)

Summary In this case, the Applicants (“the Van Collers”) sought an order to evict the First, second (“the Macheles”) and Third Respondents from the property situated at 27 2nd Road, Hyde Park in Sandton (“the property”). The Applicants sough this relief in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land
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Case Note: Daniels v Scribante and Another 2017 ZACC 13

Summary Ms Daniels (the Applicant) lived in a dwelling on Chardonne Farm (farm) owned by Chardonne Properties CC (the Second Respondent), for 16 years. The First Respondent, Mr Scribante, manages the farm and is thus the “person in charge” as detailed in the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Appellant
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