Articles & Insights
Broken Promises: What Happens If a Buyer Breaches a Property Sale Agreement?
In the property market, an Offer to Purchase (OTP) is a legally binding contract the moment both parties sign it. While most transactions proceed to the Deeds Office without issue, "buyer’s remorse" or financial instability can lead to a breach of contract. When a...
What Happens If a Tenant Damages Your Property?
The relationship between a landlord and tenant is primarily governed by the lease agreement and the Rental Housing Act 50 of 1999. When a tenant damages a property, the landlord's ability to claim for repairs, usually from the security deposit, is almost entirely...
Urgent Evictions: When Does the Law Allow for an Expedited Process?
The process of evicting an unlawful occupier is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). Under normal circumstances, an eviction is a lengthy procedure designed to protect the constitutional...
Can You Lose Your Land by Doing Nothing? Understanding Acquisitive Prescription in South Africa
Imagine waking up to discover that a portion of your garden or even an entire vacant stand you’ve owned for decades no longer belongs to you legally. It sounds like a legal myth, but in South Africa, the law of Acquisitive Prescription makes this a very real...
Ignored Court Orders: The Power of Civil Contempt in South Africa
In our legal system, a court order is not a suggestion or a basis for negotiation. It is a binding directive. The integrity of our constitutional democracy relies on the principle that judicial decisions must be respected and obeyed. When a party decides to...
High Court Strikes Down Outdated “Husband’s Domicile” Marriage Rule
In a landmark judgment delivered on 23 June 2026, the High Court of South Africa (Western Cape Division, Cape Town) has declared the long-standing common law rule of lex domicilii matrimonii unconstitutional and invalid. For decades, this rule dictated that the...
Understanding the Changes to the Conveyancing Fee Sliding Scale
The recent amendments to the conveyancing fee tariff have resulted in significant changes to the sliding scale used to calculate attorneys' professional fees for property transfers. The revised tariff aims to better reflect the increased responsibilities, compliance...
Buying or Selling Property While Overseas? Here’s What You Need to Know About Signing Your Transfer Documents
With more South Africans living, working and travelling abroad than ever before, it's common for buyers and sellers to find themselves outside the country when it's time to sign important property transfer documents. The good news? Being overseas doesn't have to delay...