News > Property Law
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 ‘At a time when we’re having to take such difficult decisions about how to cut back without damaging the things that matter the most, we should strain every sinew to cut error, waste and fraud.’ David Cameron - Prime Minister of Britain |
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 In the matter of Meridian Bay Restaurant (Pty) Ltd and Others v Mitchell, the Supreme Court of Appeal (SCA) recently had to decide on an appeal by a third party who had knowledge of the personal rights of prior purchasers of property in a sectional title development scheme, to which third party such property was sold by the sectional title developer contrary to the personal rights of the prior purchasers, in terms of a so-called ‘double sale’. |
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 Owners of rental properties will be pleased to take note of the hard-hitting comments made by a judge of the South Gauteng High Court in a recent matter involving an application for the eviction of illegal tenants from a building in Johannesburg. In his judgment, Willis J mentioned obiter that there is effectively only one legal remedy for the unlawful occupation of immovable property, namely an eviction order. |
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 Many people remain unaware of the legalities and responsibilities involved when buying and owning a sectional title unit. Not only are they the owners of the unit and responsible towards the maintenance and upkeep of the individual unit, but they are also jointly responsible for the control and administration of the common parts of the development. They are joint owners of the common property, for example, the driveways, access gates, swimming pools and even washing machines in a common washing area. |
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 Most banking institutions, in their standard form covering mortgage bond or credit agreements, include a clause in terms of which the mortgagor or credit receiver consents to the bank enforcing its rights under the agreement in the Magistrate’s Court having jurisdiction, with an option of instituting proceedings in any division of the High Court of South Africa which has jurisdiction, as the bank may deem fit. |
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 Adams & Adams works closely with many of the banks in South Africa, assisting them with the legal side of their property deals, i.e. bond registrations etc. One of the banks we work with is ABSA. For the past couple of months Adams & Adams has been nominated as one of ABSA's top Conveyancing firms. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
