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Community Scheme Disputes and the Ombud’s Powers to Resolve Them

Community Scheme Disputes and the Ombud’s Powers to Resolve Them

by Wessels + Van Zyl Inc | Oct 26, 2021 | Property

“[The Ombud} has been given wide inquisitorial powers whereby such disputes can be resolved as informally and cheaply as possible by means of qualified conciliators and adjudicators, without the need for legal representation, save in certain limited circumstances.”...
Property Sellers: Why, How and When to Choose Your Own Conveyancer

Property Sellers: Why, How and When to Choose Your Own Conveyancer

by Wessels + Van Zyl Inc | Sep 27, 2021 | Property

“A great deal is at stake in the transfer of fixed property. It is generally the largest single asset that a person owns and the transaction for the purchase or sale of a fixed property is probably the most important contract undertaken by individuals” (Law Society of...
Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

by Wessels + Van Zyl Inc | Aug 26, 2021 | Property

“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights...
Noisy Neighbours – Your Rights, and Buyers Beware!

Noisy Neighbours – Your Rights, and Buyers Beware!

by Wessels + Van Zyl Inc | Jul 27, 2021 | Property

“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case”...
Buying Property from a Company – Should You Buy the Shares or the House?

Buying Property from a Company – Should You Buy the Shares or the House?

by Wessels + Van Zyl Inc | Jun 28, 2021 | Property

“There is never a wrong time to buy the right home” (Anon)     You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the...
Bodies Corporate: Before You Sequestrate to Recover Arrears…

Bodies Corporate: Before You Sequestrate to Recover Arrears…

by Wessels + Van Zyl Inc | Jun 28, 2021 | Debt Recovery, Insolvency / Liquidation, Property

“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to...
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