SECTIONAL TITLES
Graham Paddock looks at the similarities and differences between sectional title schemes and home owners' associations.
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INTERNATIONAL
Kirthimala Gunasekera writes that the ultimate success of the registration system depends on the professionalism and ethics of the conveyancing professionals.
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WEB BYTES
This week: FNB January House Price Index, don't renege on contracts, three property investment styles and a note on the section 9(20).
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LINKS
The rapidly growing page of hyperlinks to attorneys firms' websites has grown into two pages.
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LAW REPORTS
Hoofar Investments (Pty) Ltd - Duty of seller to pay municipal rates and charges.
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INTERNATIONAL
Roger Tan comments on a recent Malaysian ruling which makes it more difficult for thieves and conmen to fraudulently transfer land.
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GENERAL
Antoinné van Deventer provides clarity to some confusion following her answer to the first question in Questions posed last week. More...
SECTIONAL TITLES
The December free digital newsletter for the sectional title community has been published.
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WEB BYTES
This week: FNB building and fixed investment statistics, the effect of social media on the property industry, and legal writing workshops.
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GENERAL
As is the habit at this time of year many of us tend to indulge in a degree of crystal ball gazing.
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WEB BYTES
This week: FNB House Price Index, it is still bad, but get some tips, and estate agents give their views on what to expect in 2010.
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GENERAL
Antoinné van Deventer of Sars answers a question posed by Donald Moore and others about the practical application of the Section 9(20) Exemption.
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GENERAL
Sydney Mekwe looks at the dilemma faced by examiners with regard to mineral rights holders and the surface rights to the land.
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GENERAL
Antoinne van Deventer of SARS provides a detailed look at transactions in terms of s9(20) of the Transfer Duty Act - transfers from Companies or trusts.
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GENERAL
Kevin Schaafsma replies to the query in Two Questions last week about the point of Rule 63 authentications.
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WEB BYTES
This week: Eskom and other home cost effects, Absa house price indices, and tenants must avoid distressed landlords.
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GENERAL
LSSA flyers on "Buying or Selling a House" and "Deceased Estates" are available to attorneys for marketing purposes - in five languages.
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INTERNATIONAL
Home reports have not hindered the Scottish housing market, Scotland's chartered surveyors have claimed.
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PRACTICE MANAGEMENT
GhostPractice has the only truly functional "Draft Bills of Costs" generator which offers a way out of the nightmare of drafting a Bill of Costs.
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GENERAL
A brief warning from Donald Moore to conveyancers dealing with CGT moratorium transfers and the necessity of a special resolution.
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PEOPLE & NEWS
Details of the Cape Town Rates Clearance offices opening times over the festive season.
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GENERAL
George Tsotetsi ends his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
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PRACTICE MANAGEMENT
Congratulations - the winners of R150 000.00 worth of prizes in the GhostPractice / Law Society of the Northern Provinces competition have been announced.
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WEB BYTES
This week: Price your property right, FNB building and fixed investment update, building plans passed and the Rode Report.
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GENERAL
Allen West sheds some light on confusion regarding the appointment of administrators vis-à-vis curators.
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LAW REPORTS
Van Rensburg NO - obey restrictive title conditions or risk the court ordering you to demolish offending parts.
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WEB BYTES
This week: Bank manager nasties, FNB housing affordability index, the Residential Property Cycle, and being a conveyancing client.
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GENERAL
Risk Alert Bulletin - Examples of bridging finance documents which should not be signed by attorneys.
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INTERNATIONAL
England - Conveyancers must enact 'radical' change to survive, says Chancery Lane.
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PRACTICE MANAGEMENT
Legal Practice Management should be seen as the driving force behind maximising a legal practice's potential writes Kuben Naidoo.
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PRACTICE MANAGEMENT
GhostPractice and the Law Society of the Northern Provinces are giving away prizes and Dell Notebook computers to the value of R150 000.
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LAW REPORTS
Hangklip/Kleinmond Federation of Ratepayers Associations - Relevant factors when approving a development in terms of the National Environment Management Act.
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GENERAL
N Ntlokwana discusses customary marriages and the law with reference to Gumede (born Shange) v President of the Republic of South Africa and Others (CCT 50/08 [2008] ZACC 23.
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GENERAL
The LSSA needs you as a mentor to help some 150 attorneys in strengthening their practices.
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WEB BYTES
This week: FNB Property Barometers for vacant land, Nelson Mandela Bay and eThwekini.
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SECTIONAL TITLES
Jennifer Paddock outlines steps to be taken by trustees and managing agents against levy defaulters.
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PRACTICE MANAGEMENT
Matthew Spagnoletti gives an overview of how to manage and automate documents, efficiently and without compromising the quality of the final result.
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WEB BYTES
This week: Bouncing back, crime situation still a cause for concern for property, and banks won't be forced to ease credit extension.
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E-CONVEYANCING
Korbitec GhostConvey customers in the City of Cape Town are now switching rates enquiries and clearance certificates directly through Streamline Solutions.
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WEB BYTES
This week: FNB Residential Property Barometers for Cape Town and Johannesburg, and the Absa House Price Index.
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SECTIONAL TITLES
The September free digital newsletter for the sectional title community has been published.
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WEB BYTES
This week: FNB House Price Index looks positive, yet Standard bank sees no spark, while conveyancing reform in England seen as self serving.
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GENERAL
The FBI's 2008 Mortgage Fraud Report gives a useful insight into the breadth and depth of mortgage fraud crimes committed in the USA.
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WEB BYTES
This week: It's property time, we deserve every cent, and estate and managing agents must register when collecting arrear debts.
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PRACTICE MANAGEMENT
Matthew Spagnoletti outlines the simple techniques and processes that have made collecting money from clients so much easier.
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GENERAL
A list of red flag areas in conveyancing practice compiled in the Attorneys Fidelity Fund Risk Alert Bulletin.
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WEB BYTES
This week: "I never intended to pass transfer", UK plans to improve conveyancing, Standard Bank dumps mortgage originator.
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E-CONVEYANCING
Australia - state governments, lawyers and bankers are talking about establishing a company to run the e-conveyancing system.
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GENERAL
Battle for the turf - Wiseman Bhuqa explores the legal position between executors and fideicommissary heirs vis-a-vis lease contracts.
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SECTIONAL TITLES
The August free digital newsletter for the sectional title community has been issued and is full of useful articles.
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WEB BYTES
This week: House prices are showing stronger signs of market improvement, home loans business should perk up soon, and a workshop on environmental law offered by L.E.A.D.
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GENERAL
The Department of Development and Land Reform recently published the Deeds Registries Amendment Bill in Government Gazette 3249 (Notice 1108).
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LAW REPORTS
Bester NO v Nel and Others (including the Registrar of Deeds) [2009] JOL 22977 (T) - Deeds Office rejection of interpretation of a will.
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GENERAL
Thabo Nqhome submits that a labelling of massing as common law massing cannot exclude the application of section 37 of the Administration of Estates Act. More...
LAW REPORTS
Lombard Insurance Company Ltd v Landmark Holding (Pty) Ltd and others (343/08) [2009] ZASCA 71 (1 June 2009) - relationship between a guarantee and its underlying agreement.
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PRACTICE MANAGEMENT
Matthew Spagnoletti explores how earning fees and billing clients can be more efficient and effective with a few key changes and a large dose of technology.
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SECTIONAL TITLES
Jennifer Paddock outlines the process of raising general levies in sectional title schemes.
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WEB BYTES
This week: credit crunch is good for property, bringing in the lawyers and the pros and cons of long leases.
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GENERAL
Workshops are to be held in Cape Town, Pretoria and Durban to prepare candidates for the conveyancing exam in May.
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GENERAL
Chief Registrar's Circulars No.11 to13 of 2009 - Changes of name of Mittal Steel, Interfusion Finance and the transfer of Mercantile Bank Assets.
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SECTIONAL TITLES
The January free digital newsletter for the sectional title community has been published.
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LINKS
A rapidly growing page of hyperlinks to attorneys firms' websites - for free.
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GENERAL
Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property.
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E-CONVEYANCING
The impasse which threatened the development of a national e-conveyancing system in Australia has been broken.
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WEB BYTES
This week: FNB comment on the interest rate decision, trustees rights, and how to avoid property tax by getting more wives.
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E-CONVEYANCING
WinDeed has introduced Experian credit bureau searches in addition to the existing TransUnion searches.
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E-CONVEYANCING
Scotland is ready to show the world how to do e-registration, as ARTL's official launch last month reminded us.
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GENERAL
Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto.
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PRACTICE MANAGEMENT
A legal practice is more than the sum of its parts writes Kuben Naidoo, and understanding them can drive change in your legal practice.
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GENERAL
As the year winds down, we cast our eyes over a number of the big conveyancing stories which we covered in 2009.
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GENERAL
Charles Pearson agrees with Kevin Schaafsma when considering the requirements of the provisions of Rule 63(1).
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WEB BYTES
This week: Household financial conditions, an insatiable appetite for property and the building sector is not out of the woods.
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GENERAL
An update of last week's memorandum from SARS setting out the relevant documentation needed to be submitted to when applying for a section 9(20) exemption.
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GENERAL
The Centre for Conveyancing Practice offers a number of courses in conveyancing and notarial practice for attorneys, candidate attorneys, conveyancing secretaries and typists.
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GENERAL
Salomé van Wyk has two questions for readers. The first is on moratorium transfers, the second on Rule 63 of the High Court Rules.
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PRACTICE MANAGEMENT
In 2010 L.E.A.D, will offer training to increase staff's skills and productivity in a number of subjects.
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WEB BYTES
This week: Streamline wins court case, FNB House Price Index, and 2010 impact to be long-term.
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GENERAL
Allen West is to present seminars around the country on new developments in conveyancing for 2010.
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GENERAL
Over 70 resolutions were passed at the 2009 Registrars' Conference held recently.
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WEB BYTES
This week: Property24 wins, Levitt is no longer a property bear, and a rate cut is unlikely.
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GENERAL
Thabo Nqhome responds to Allen West in his discussion of the appointment of an administrator vis-à-vis a curator.
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GENERAL
The LSSA Property Law Committee supports the discretion of registrars and their comments on the Sectional Titles Bill.
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GENERAL
George Tsotetsi continues in his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
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GENERAL
Sieg Heiriss clarifies an aspect of Electrical Compliance Certificates raised in an article last week.
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SECTIONAL TITLES
Jennifer Paddock considers what aggrieved owners or occupiers can do if trustees unreasonably prevent them from keeping pets.
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GENERAL
George Tsotetsi discusses twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
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GENERAL
A note on Electrical Compliance Certificates and changes of ownership.
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WEB BYTES
This week: House price inflation continues, Standard Bank sees house prices bottoming out, and property increasingly part of middle class investors' retirement portfolio.
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LAW REPORTS
Du Toit Group (Pty) Ltd v Van Breda and Others - implications of a verbal nomination agreement to purchase property on behalf of another.
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GENERAL
With little further interest rate stimulus likely, and a high household debt ratio, how much property recovery can we still expect? Asks John Loos.
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WEB BYTES
This week: FNB Property Barometers for Tshwane, a Mortgage Market Update, and beware of shysters.
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PRACTICE MANAGEMENT
The October issue of LawPractice today poses the question, "Lost in the Crowd?" and suggests a number of marketing strategies you can use if the answer is "Yes".
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GENERAL
The LSSA is to hold a four day workshop on mediation skills for attorneys and candidate attorneys.
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GENERAL
That has been the increase in conveyancing fraud in South Africa since 2003, according to legal experts at a recent mortgage fraud seminar.
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PRACTICE MANAGEMENT
Sixty learnerships and thirty bursaries for candidate attorneys are being offered by the LSSA and SASSETA.
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GENERAL
Allen West concludes his discussion of the qualification of conditions by looking at the rest of the Deeds Registries.
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GENERAL
Allen West looks at the qualification of conditions in the Cape Town deeds registry.
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GENERAL
In what is regarded as a first for South Africa, the banking and legal fraternity met to share knowledge about fraud in the mortgage lending industry.
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GENERAL
Allen West looks at the qualification of praedial servitudes in deeds of transfer and certificates of title of land in the former Transvaal.
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GENERAL
Is all 'hunkydory' for the holder of a mortgage bond securing a major asset of a company without a s 228 resolution? asks Miranda Feinstein.
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GENERAL
Allen West looks at the qualification of personal servitudes in deeds of transfer and certificates of title of land in the former Transvaal.
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PRACTICE MANAGEMENT
The September edition of Law Practice Today is devoted to the ins and outs of going paperless.
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GENERAL
Korbitec Executive Consulting Division will be presenting a full day seminar on mortgage fraud in October.
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GENERAL
Roger Green of Cox Yeats comments on the amended Taxation Laws Amendment Bill which was published by SARS on the 1st September.
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GENERAL
Christo Smith, author of Eviction and Rental Claims: A practical guide will be presenting a series of seminars around the county in October and November.
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GENERAL
Allen West looks at the issue of street closures in Gauteng and the implementation of Section 67 of Local Government Ordinance 17.
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WEB BYTES
This week: A rocky road ahead, but opportunities exist, ghost bidders - ghost property profits, and L.E.A.D needs instructors.
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PRACTICE MANAGEMENT
Attorneys who are issued with Attorneys Fidelity Fund certificates for the first time after 14 August 2009 must complete a satisfactory practice management course.
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LAW REPORTS
Kovacs Investments 724 (Pty) Ltd v Marais (323/08) [2009] ZASCA 84 - Substitution of manner of performance required in a 'subject to' clause.
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PRACTICE MANAGEMENT
Automated client reporting provides clients with an elegant mechanism for reviewing the work they have instructed you with and you with an opportunity to cement your relationship with them.
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SECTIONAL TITLES
After some time MCS Courier is back on track with many articles of interest to the sectional title industry.
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WEB BYTES
This week: property prices are perking up, land claim purchases on hold, and a huge vote of confidence for conveyancing solicitors.
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WORK IN PROGRESS
The name of a sectional title scheme is as important as its location when it comes to its viability and success as a development.
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WEB BYTES
This week: house prices on the rise, the Land Bank is turning around and pursuing development, and the advantages of a shorter law firm name.
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GENERAL
Sydney Mekwe considers the computation of the period for registration in the deeds office of transaction to which a time period is attached.
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IT & THE LAWYER
UK - Timothy Hill writes that conveyancing must move toward technological change… or else.
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TABLES OF COSTS
The Recommended Guideline of Fees for Conveyance of Immovable Property as recommended by the Law Society of South Africa come into effect from the 1st of July. More...
GENERAL
Does the Master of the High Court need to consent to sales of immovable property from a "section 18(3) - estate"?
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