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Property

Property News November 2015

Property Law.

Property

Notarial Tie Agreements

Format The notarial tie‑agreement must be entered into between the owner or owners of the land being notarially tied and the person enforcing the tie‑agreement.

Property

Authenticity of Certificates Issued in Terms of Section 15B (3) of the Sectional Titles Act 95 of 1986

Section 15B(3)(a)(i)(aa) The conveyancer must provide the registrar of deeds with a certificate confirming that as at date of registration of the unit or undivided share therein that, in the case where a body corporate has been established, such body corporate has certified that all moneys due to the body corporate by the transferor in respect of the unit have been paid or provision has been made to the satisfaction of the body corporate for the payment thereof.

Property

Capacity of a Rehabilitated Insolvent to Deal with Immovable Property

Conveyancers should take cognizance of the fact that even though an insolvent has been rehabilitated, a right to property acquired by such rehabilitated insolvent prior to, or during, his or her insolvency, continues to vest in the trustee despite the rehabilitation (see section 25 of the Insolvency Act 24 of 1936).

Property

Eradicating the Confusion Surrounding the Substitution of a Debtor in Terms of Section 57 of the Deeds Registries Act 47 of 1937

For completeness sake the relevant portions of the section, causing the confusion, are quoted: “57 (1) If the owner (in this section referred to as the transferor) of land which is hypothecated under a registered mortgage bond other than a mortgage bond to secure the obligations of a surety (not being a person referred to in paragraph (b) of sub‑section (1) of section fifty six) transfers to another person the whole of the land hypothecated there under, and has not reserved any real right in such land, the registrar may, notwithstanding the provisions of sub‑section (1) of the said section, register the transfer and substitute the transferee for the transferor as debtor in respect of the bond: Provided that there is produced to him, in duplicate, the written consent in the prescribed form of the holder of the bond and the transferee to the substitution of the transferee for the transferor as the debtor in respect of the bond for the amount of the debt disclosed therein or for a lesser amount.

Environmental and Mining

News Flash No 19/2015

AMENDMENTS TO THE EIA REGULATIONS.

Environmental and Mining

News Flash No. 18/2015

NATIONAL WATER ACT CONTROLLED ACTIVITY.

Environmental and Mining

EnviroMac September 2015

Legal updates and commentary from our Environmental and Mining Law team for September 2015.

Environmental and Mining

IRRIGATION WATER BY-LAW

The Theewaterskloof Local Municipality has adopted the Irrigation Water By Law, which manages the irrigation of the water within the area of its jurisdiction by, inter alia, regulating the transfer of irrigation water allocations, distribution of irrigation water and the control of irrigation water by sluice systems.

Environmental and Mining

STORM WATER MANAGEMENT BY-LAW

The Theewaterskloof Local Municipality has adopted the Storm Water Management By Law, which regulates and manages any activities within its jurisdiction that could cause damage to the storm water system, interfere with the operation thereof or pollute the water in a storm water system.

Environmental and Mining

AIR QUALITY MANAGEMENT BY-LAW

The Theewaterskloof Local Municipality has adopted the Air Quality Management By Law, which manages and regulates activities within its jurisdictional area that have the potential to adversely impact the environment and public health so as to ensure that air pollution is prevented.

Environmental and Mining

WATER AND SANITATION SERVICES BY-LAW

The Knysna Local Municipality has adopted the Water and Sanitation By-Law, which provides for the regulation of the water use and sanitation within the jurisdiction of the municipality.