Security Estates: Are Your Rules Enforceable?

Security Estates: Are Your Rules Enforceable?

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When...
CAN YOU STILL SELL AS IS? CPA V THE VOETSTOOTS CLAUSE

CAN YOU STILL SELL AS IS? CPA V THE VOETSTOOTS CLAUSE

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause. Firstly, what’s the difference between “patent” and “latent” defects? Before we...
WHEN CAN YOU BE ARRESTED FOR TRAFFIC OFFENCES?

WHEN CAN YOU BE ARRESTED FOR TRAFFIC OFFENCES?

It’s every motorist’s nightmare – being stopped by a traffic officer, arrested, and carted off to the local police cells.  Where you will likely languish (very, very unhappily by all accounts) until you are given “police bail”, or (in due course) taken to your first...
EVICTING YOUR TROUBLESOME TENANT: MORE PROBLEMS WITH PIE

EVICTING YOUR TROUBLESOME TENANT: MORE PROBLEMS WITH PIE

“The effect of PIE is not and should not be to effectively expropriate the rights of the landowner in favour of unlawful occupiers.  The landowner retains the protection against arbitrary deprivation of property.  Properly applied, PIE should serve merely to delay or...
TRUSTS: NEW DIRECTIVE ON INDEPENDENT TRUSTEES

TRUSTS: NEW DIRECTIVE ON INDEPENDENT TRUSTEES

If you plan to form a trust, you need to know about a new directive from the Chief Master of the High Court to all Master’s Offices in the country. The directive applies to all new trusts (those “registered for the first time”) by the Master. Following a series of...