Section 26(3) of the Constitution states that no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions. Therefore, a court must proceed cautiously before it can grant an eviction order. In South Africa, the…

Quite often in practice we come across offers to purchase or sale agreements of immovable property containing a clause which makes provision for non-refundable deposits. The same sale agreement usually contains a breach clause which stipulates that, in the event of a breach of contract on the part of the purchaser, which breach is not…

      A lot has been written about the formalities of sale agreements of immovable property. The Alienation of Land Act determines that no alienation of land shall be of any force or effect unless it is contained in a deed of alienation signed by the parties thereto or by their agents acting on…

Property 24 Exclusive       The law is trite that the Seller has the absolute prerogative to appoint the conveyancer when he or she sells an immovable property, unless the parties agree otherwise in the written agreement of sale. The questions that beg, are: How important is this prerogative? Is one conveyancer not just…

The law is trite that the seller has the absolute prerogative to appoint the conveyancer when he or she sells an immovable property, unless the parties agree otherwise in the written agreement of sale. Only a conveyancer may be given a power of attorney by the seller of immovable property to execute deeds before the…

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