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Chief Registrar's Circular No. 01 of 2023: Registration related amendments to the Sectional Titles Act, as a result of the Sectional Titles Amendment Act, 2022 (Act 13 of 2022), which came into operation on 5 January 2023.
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Allen West looks at the registerability and effect of a condition inserted into a deed of transfer which excludes community of property, whether such a condition lawful and binding, and the effect it has on creditors.
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A critical analysis of the Supreme Court of Appeal's decision to classify the obligation to build a residential home within a specified time as a limited real right in light of the complex and contested role the principle of publicity plays in South Africa's law of servitudes.
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Allen West discusses the question of whether satellite dishes are movable or immovable in the context of the principles applied by our courts in determining whether an object is a fixture or not.
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Landlords attempting to force defaulting tenants to settle or vacate by using a bit of instant “self-help” such as cutting electricity or water supplies, or by changing locks and by disabling access codes, risk an immediate and costly “spoliation order”. Jack Crook reports.
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Allen West discusses the deregistration of trusts, which Masters have jurisdiction, the documentation necessary to deregister a trust, and other issues involved in the administrative process in the Masters' office.
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A recent High Court decision has held that under the Water Act, trading in water is not permissible, licenced water use cannot be transferred and/or sold, as it is the Minister’s responsibility to ensure that water is allocated equitably and used beneficially in the public interest.
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Allen West discusses the cancellation and removal of a restrictive condition with regard to invoking the provisions of section 68(1) or (2) of the Deeds Registries Act, by approaching the Courts, or whether SPLUMA must be utilized.
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Robert Krautkramer discusses a recent case which is certain to be referred to and relied on (or criticised) in the years that lie ahead, on the vexing topic of what actually constitutes an electronic signature for the alienation of land.
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Withholding tax: Allen West discusses the so-called physical presence test and an ordinary resident definition and as defined in terms of South African common law for purposes of Section 35A of the Income Tax Act.