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January 2015: Beware Prescription: the Tale of the “watertight Case” That Died a Sad and Sudden Death
“Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due to a fatal blow from a watertight defence of prescription. The present matter is a classic case of this nature” (extract from judgment below) Here’s another warning from our courts about the dangers of procra...
December 2014: The Golf Estate Rules That Sent a St Bernard to the Doghouse
To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley) Living in a residential estate means submitting yourself to all rules and regulations lawfully imposed by the estate’s management on residents. A recent High Court judgment illustrates. It’s a Dog’s Life Theodore, a large St Berna...
November 2014: Developers: Register or Regret
Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder's Registration Council) before you conclude a building contract or commence building – if you don’t (or if you register late) you cannot enforce payment. In fact you commit...
October 2014: Houses – Transfer Trumps Intention
“Experience is a hard teacher because she gives the test first, the lesson afterward” (Vernon Law) Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a sale agreement is signed. Make sure that you actually do take ownership via registration in the...
September 2014: Property Fraud: Buyers, Bondholders Beware
“Our system of deeds registration is negative: it does not guarantee the title that appears in the deeds register” (extract from first judgment below) Although in practice title deeds as registered in the Deeds Office are accepted as proof positive of property ownership, two important SCA (Supreme Court of Appeal) decisions i...