Legal Speak Made Easy

The “Aedilitian Remedies” A common sense principle inherited from early Roman law is that the buyer of an item discovering a latent (hidden) defect in it after the sale has a choice of remedies: either cancel the sale and return the item to the seller for a full...

Married Out of Community of Property? You May Still Be Entitled to a Share

"Justice cannot be for one side alone, but must be for both." (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her husband's...

Your Property Purchase Collapses: Can You Get Your Deposit Back?

“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price....
The Garage Door That Had the Complex Up in Arms

The Garage Door That Had the Complex Up in Arms

“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is...

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In the Land of the Will, Clarity is King

In the Land of the Will, Clarity is King

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.”...

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