Feb 2011 - Blunt Pencils, Servitudes and Verbal Contracts
Whilst most verbal agreements are binding in South African law, first prize is always to record them in writing. Otherwise you risk doubt, dispute and delay down the line.
Moreover certain types of contract, including those relating to sale or donation of land or any "interest in land", must be in writing (and signed by all parties) to be valid at all.
The danger of overlooking this requirement is neatly illustrated in a recent High Court case, where an elderly couple in financial difficulties sold their house to their son-in-law subject (per a verbal agreement never recorded in writing) to their having the right to reside there for the rest of their lives.
Moreover certain types of contract, including those relating to sale or donation of land or any "interest in land", must be in writing (and signed by all parties) to be valid at all.
The danger of overlooking this requirement is neatly illustrated in a recent High Court case, where an elderly couple in financial difficulties sold their house to their son-in-law subject (per a verbal agreement never recorded in writing) to their having the right to reside there for the rest of their lives.