Thursday, December 10, 2015
AMENDMENT OF AN ERROR IN THE VESTING CLAUSE OF A DEED
Wednesday, November 25, 2015
HYPOTHECATION OF AN UNDIVIDED SHARE BY A CO OWNER
Tuesday, November 3, 2015
Property Law
Introduction For time immemorial registrars of deeds have been registering notarial tie agreements which have the status of a personal servitude, and are capable of being registered under the provisions of section 65 of the Deeds Registries Act 47 of 1937 (“the Act”).
Introduction Practice has showed that the contents of the section 15B(3) certificates provided by conveyancers do not always depict the correct state of affairs. It will be endeavoured to cover all the different variations which the conveyancers certificate must follow under different circumstances, and the possible loop holes that cognizance must be taken of.
Monday, November 2, 2015
Section 20 of the Insolvency Act provides that as soon as the estate of an insolvent has been sequestrated, such insolvent is divested of the estate which is then vested in the Master and, on appointment of a trustee, in such trustee (see also the definition of owner in section 102 of the Deeds Registries Act 47 of 1937). There are three manners in which a former insolvent can be re invested with immovable property which formerly vested in the trustee. Each will now be perused more closely.
A fair amount of legal debate surrounding the application and interpretation of the provisions of section 57 of the Deeds Registries Act 47 of 1937 (the Act) has been published and argued on, over the last few years. However, confusion still reigns given the hidden implications of the section.
Thursday, October 15, 2015
CRC 6 OF 2002
PROHIBITION TO AFFORD AN OPTION TO PURCHASE A PORTION OF AGRICULTURAL LAND
ACT 70 OF 1970
