Newsletters 2018


Security Estates: Are Your Rules Enforceable?

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February 2018


Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.

But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.

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Can You Still Sell As Is? CPA v The Voetstoots Clause

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March 2018


When buying or selling a house, a car, or anything else, you should be clear on whether or not things can still be sold "as is" i.e. without any warranty against defects.

There has been much speculation as to whether or not the very common "voetstoots" clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property.

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How to Avoid Disputes over Jointly Owned Property
 
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April 2018


Pooling your resources with someone else to buy property can make a lot of sense, whether you plan to share a house, a holiday home, an office or just an excellent investment.

Just remember the old Roman law maxim “co-ownership is the mother of disputes”. Plan upfront for the day that relationships sour or disagreements arise. Otherwise you risk all the hassle, cost and delay of dispute and litigation.

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Facebook Defamation – The Truth is not Enough!

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May 2018

No one wants to be sued for defamation. Apart from the public embarrassment (the media loves this sort of story, particularly where there’s a Social Media angle), emotions tend to run high so you will be embroiled in litigation that is as unpleasant as it is costly and time-hungry.

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What Happens If You Cancel Your Lease Early?

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Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question “What happens if the lease is cancelled early?”

Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege.
 
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