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Showing posts from November, 2012

Tshwane to probe illegal land sales

My question is: What about all the squatters who have set up camp at the side of the roads in suburbs like Faerie Glen?  Just take a drive out Atterbury, Garsfontein and Hans Strydom Streets and you would think that Tshwane Camping Grounds have opened along these roads. Gareth www.prop-law.co.za Tshwane to probe illegal land sales The Tshwane Metro Council has warned that land invasions will not be tolerated in its area of jurisdiction and drastic action will be taken against those who illegally sell and invade land. "We will not hesitate to take drastic action against those involved in land invasion or the illegal sale of land," said Joshua Ngonyama, the member of the mayoral committee responsible for housing. This comes after a group of residents were allegedly sold stands in Soshanguve Extension 6, near Rosslyn. The residents built shacks on the land earlier this week and the Red Ants were called in to dismantle them. Some of the residents said they ha

Landlords can't take the law into their own hands

www.prop-law.co.za Landlords can't take the law into their own hands When a tenant does not pay the rent, some landlords resort to unlawfully disconnecting the water and electricity supply to the tenant. What if the contract states that failure to make payment gives the landlord the right to shut off the water and electricity? Would the landlord's action be justified? Would a consumer then have recourse to a legal remedy, such as an urgent interdict (spoliation), to have the services restored? A closer look reveals that it is the by-laws that allow for the disconnection of basic services in the event of non-payment. The Strand Magistrate's Court granted a spoliation order to property owner Marcel Mouzakis Strümpher compelling the City of Cape Town to reconnect the water supply to his Strand property. The water supply was disconnected on August 17, 2007, when Strümpher failed to pay accumulated arrears of R182 000. An urgent court application was successful and

Body corporate ordered to restore property owner's access right

Body corporate ordered to restore property owner's access right The Fisher v Body Corporate of Misty Bay (2012 94) SA 215 (NGP) decision highlights the consequences a body corporate should consider before summarily denying an occupier the right of access to a complex. According to the body corporate of the Misty Bay Complex (the respondent), an owner of one of the units (the applicant) had fallen into arrears in respect of his rates and levies. Due to the applicant's failure to make the necessary payments, the respondent made the hasty decision to suspend his access tag. This suspension resulted in the applicant being unable to enter and exit the complex as and when he pleased. Reacting to this decision, t he applicant brought an urgent application in the North Gauteng High Court for "the restoration of the applicant's possession and access to the house". In defence of its actions, the respondent's legal representatives submitted two arguments. The f

Property market remains subdued

Property market remains subdued The local property market remained subdued during the first three quarters of 2012, Absa said on Thursday. "The planning phase of new housing continued to contract up to September, while the construction phase showed some marginal growth over the nine-month period compared with a year ago," said Absa property analyst Jacques du Toit. Residential building activity was likely to remain subdued in 2013, he said. FNB said the figures continued to show a settled picture. The size of completed residential buildings were similar to the late 1990s, before the economic boom, said FNB property strategist John Loos. Growth in square metres for completed residential buildings, on a three-month moving average, reached 2.37 percent in September. This was slightly down from the second quarter's seven percent. The residential replacement cost gap had also flattened. This reflected the percentage difference between a home's existing va

The cost of sectional and full title properties are converging

The cost of sectional and full title properties are converging House prices between different segments of the market had seen a general narrowing in the gaps in the third quarter of 2012, according to FNB housing data released on Wednesday. "The average price growth rate of full title homes, at 6.7 percent year-on-year, no longer far exceeds the 4 percent growth for sectional title homes, as was the case a few quarters ago," John Loos, property strategist at FNB said. Sectional title refers to separate ownership of units or sections within a complex or development. Full title segment is where the consumer buys the ownership rights of the property and the land on which it is built. It was expected that the various segments' price growth rates will move increasingly closer to each other in the near term, with relative affordability advantages having been reduced over the past few years. At stages during the pre-2008 house price boom, the average price of a thr

Victory on rates for Joburg business property owners

Victory on rates for Joburg business property owners I am very proud of my friends at SAPOA for pursuing this all the way and ultimately succeeding.  Well done Adv. Portia Matsane, SAPOA Staff and their legal team. We have been discussing this for many months at the meetings of the SAPOA National Legal Committee and I am very pleased that it all turned out well in the end. Gareth

'The clock is ticking' for tax-friendly property transfers

'The clock is ticking' for tax-friendly property transfers The government has created a valuable  and unique opening for persons owning property in Companies, Close Corporations or Trusts to take advantage of a window of opportunity to secure MASSIVE Capital Gains Tax (CGT) savings. I am surprised that it has not been seized upon by many more property owners and why more Estate Agents have not actively and enthusiastically marketed this to their clients. Now the window is about to close, so please contact me urgently at gareth@propertylaw.onmicrosoft.com if you still want to take advantage of this CGT opportunity. Gareth Shepperson SHEPPERSON ATTORNEYS

Denny Crane

Denny Crane
It's not me ... yet. Denny Crane from the TV series Boston Legal. Click on picture if you're not sure who he is!