Legal insights.

Practical guidance on South African law — 37 articles on property litigation, building disputes, conveyancing, family law, estates and more.

Commercial & Debt

Prescription of Debt in South Africa: The 3-Year Rule

Most debts die after three years, but judgment debts and mortgage bonds last thirty. We explain interruption, delay, and the NCA's ban on collecting prescribed debt.

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Wills & Estates

Power of Attorney and Incapacity in South African Law

A power of attorney fails the moment capacity is lost. We explain curatorship, administrators under the Mental Health Care Act, and how to plan while you still can.

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Conveyancing

Transfer Duty vs VAT on Property Sales in South Africa

Every property purchase attracts transfer duty or VAT, never both. We unpack the current SARS duty table, VAT vendor sales and zero-rated going-concern transfers.

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Property Law

Property Defects and the CPA: When Voetstoots Cannot Help

Buying from a developer? The CPA overrides voetstoots for sales in the ordinary course of business, giving buyers a six-month implied warranty of quality on the property.

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Building & Construction

Defective Building Work: Your Legal Remedies in South Africa

From withholding payment to latent defect and professional negligence claims, we set out the remedies for defective building work and the practical steps that make them stick.

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Family Law

Unmarried Fathers' Rights Under the Children's Act

Unmarried fathers can acquire full parental responsibilities and rights automatically under section 21 of the Children's Act. We explain the requirements and disputes.

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Property Law

The Expropriation Act 13 of 2024: What Owners Should Know

What the new Expropriation Act actually says: negotiation first, notice and objection rights, just and equitable compensation, and the narrow nil-compensation provisions for land.

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Conveyancing

Buying Property From a Deceased Estate: What to Expect

Deceased estate sales involve executors, heirs' consents and the Master's section 42(2) endorsement. We explain realistic timelines and the safeguards buyers should insist on.

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Building & Construction

Penalty Clauses and Delay Damages in Building Contracts

Penalty clauses fix the cost of late completion in advance. We explain the Conventional Penalties Act, when courts reduce excessive penalties, and how to draft clauses that hold.

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Property Law

The Double Sale of Property: Who Becomes the Owner?

When a seller sells the same property twice, registration usually decides ownership, but a buyer who knew of the first sale may lose the property. We explain why.

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Family Law

Cohabitation in South Africa: Rights, Myths & Remedies

No matter how long you live together, cohabitation is not marriage. We unpack the myth, universal partnership claims and why a cohabitation agreement matters.

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Property Law

Acquisitive Prescription: Losing Land After 30 Years

Thirty years of open possession, exercised as if owner, can transfer ownership by operation of law. We unpack the requirements — and how vigilant owners interrupt the clock.

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Wills & Estates

Antenuptial Contracts in South Africa: A Practical Guide

Sign before the wedding, register within three months. We explain accrual versus complete separation, the notary's role, and the court routes if you married without a contract.

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Conveyancing

Compliance Certificates When Selling Property in South Africa

Electrical, gas, electric fence, beetle and plumbing certificates explained: what each covers, when the law requires them, who pays and what happens if they are skipped.

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Property Law

Boundary Walls and Encroachment Disputes in South Africa

When a wall or building crosses the boundary line, the registered diagram decides where the line runs. We look at demolition, compensation and practical solutions.

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Family Law

Asset Redistribution at Divorce: Section 7(3) Explained

Married out of community without accrual? A landmark 2023 Constitutional Court judgment means a court may now redistribute assets justly at divorce — or death.

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Building & Construction

The Builder's Lien in South Africa: How It Works

An unpaid contractor may retain possession of the works as security. We explain how the builder's lien works, how it is lost, and how owners lawfully end it.

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Commercial & Debt

Letters of Demand and Debt Recovery in South Africa

Demand, summons, judgment, execution. We map the debt recovery path, when a section 129 NCA notice is compulsory, and practical tips that help creditors get paid.

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Property Law

Servitudes and Rights of Way in South African Property Law

Servitudes bind every future owner of the land. We unpack praedial and personal servitudes, ways of necessity for landlocked land, registration, and what buyers must check.

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Conveyancing

Rates Clearance Certificates and Old Municipal Debt

Section 118 requires a rates clearance certificate before transfer. We explain the two-year rule and why historical municipal debt does not pass to new owners.

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Property Law

Sectional Title Levy Disputes: Your Rights and the CSOS

Levy arrears, exclusive use areas and trustee overreach: how the Sectional Titles Schemes Management Act and the CSOS resolve body corporate disputes.

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Wills & Estates

Why You Need a Valid Will in South Africa

Without a valid will, the Intestate Succession Act decides who inherits your estate. We unpack the formalities, guardianship of minors and the mistakes that derail estates.

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Building & Construction

NHBRC Protection for New Homes: Your Rights Explained

New homes enjoy compulsory NHBRC protection: builder registration, home enrolment and statutory warranties of three months, one year and five years — plus remedies against unregistered builders.

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Family Law

Rule 43: Interim Relief While Your Divorce Is Pending

Divorces take time. Rule 43 provides fast interim maintenance, legal-cost contributions and child arrangements while your case is pending. Here is how it works.

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Property Law

Locked Out Without a Court Order? The Mandament van Spolie

Changing the locks or cutting the power may feel justified, but it invites an urgent spoliation order. We explain the mandament van spolie and its requirements.

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Conveyancing

Suspensive Conditions and Bond Approval in Property Sales

Most property sales hinge on a bond approval clause. We explain why late fulfilment kills the sale, and how extensions, waiver and fictional fulfilment work.

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Property Law

Tenant Deposits Under the Rental Housing Act: Your Rights

The Rental Housing Act sets strict rules for deposits: interest belongs to the tenant, joint inspections are compulsory, and refund deadlines of 7, 14 or 21 days apply.

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Building & Construction

JBCC Building Contracts: Payment and Delay Disputes Explained

JBCC contracts govern most South African building projects. We unpack payment certificates, delay claims, penalties and the strict time bars that decide building disputes.

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Property Law

Evicting Unlawful Occupiers Under the PIE Act in South Africa

The PIE Act governs every residential eviction in South Africa. We unpack the procedure, the just and equitable test, and the costly mistakes landlords must avoid.

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Family Law

Matrimonial Property Regimes in South Africa Explained

Your matrimonial property regime decides who owns what, who shares in growth, and what happens at divorce or death. We explain the three options.

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Family Law

Understanding Parental Rights Agreements

A parenting plan is a written agreement setting out arrangements for the care, contact, and maintenance of minor children, designed to serve their best interests.

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Family Law

Enforcement of Court Orders Relating to Minor Children

Court orders for the care, contact, and maintenance of minor children are legally binding. When one party fails to comply, several legal remedies are available.

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Family Law

Divorce: What You Need to Know

Divorce is one of the most significant decisions a person can make. South African law recognises irretrievable breakdown of the marriage as the primary ground for divorce.

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Conveyancing

How to Legally Transfer Immovable Property

Transferring immovable property is a formal legal process carried out through a conveyancer, involving several steps that must each be completed correctly for a valid transfer.

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Property Law

Understanding the Voetstoots Clause

Voetstoots means a property is sold as it stands, with all its faults. The clause is not absolute, and buyers and sellers should understand its limits.

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Property Law

Necessities of a Lease Agreement

A well-drafted lease agreement protects both landlord and tenant. The Rental Housing Act and Consumer Protection Act set out minimum requirements every lease should contain.

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Property Law

The Eviction of Tenants in Residential Property

Evicting a tenant in South Africa is strictly governed by law. Landlords cannot simply remove a tenant without following the correct legal procedures under the PIE Act.

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