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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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At the annual registrars’ conference, matters which affect conveyancing and notarial practice were discussed resulting in eight resolutions being adopted, they became operative on the 2nd of January,vide CRC 16 of 2005
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Buyers must establish the marital status of sellers they are buying property from, especially if it later turns out that not only they are married, but married in community of property, and consent has not been given by their spouse - Jack Crook reports.
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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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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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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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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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In Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC), defendant refused to pay levies without justification, Body Corporate has locus standi to institute action, in duplum rule permits interest to run anew from the date that the judgment debt is due and payable.
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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.