Legal Articles

A listing appointment is your opportunity to build trust, position yourself as the expert, and set clear expectations with the seller. Too often, agents rely on generic presentations that focus on their own achievements instead of addressing the real issues sellers need to understand. If you want to stand out, make sure you cover three critical topics in every listing appointment: supply and demand, product placement, and buyer behaviour.

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Attorneys are officers of the court. This status gives them exclusive authority to issue summons, prepare pleadings, and appear in court on behalf of clients. When an attorney institutes proceedings, the debtor cannot sidestep the process; they are compelled to respond within fixed timeframes. 

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A claim for unpaid rent, for example, is unlikely to be heard in the same forum as a constitutional challenge or a multi-million rand commercial dispute. The choice between the High Court and the Magistrate’s Court shapes the speed of the proceedings, the costs involved, and even whether the court has the power to grant the relief you seek.

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Civil litigation refers to the legal process used to resolve disputes between private parties through the courts. A civil case definition is straightforward: it is any lawsuit where one party (the plaintiff) brings a claim against another party (the defendant) to enforce a right, recover damages, or obtain specific relief. 

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In South Africa, civil litigation provides a structured process for resolving disputes between individuals, companies, or organisations. Unlike criminal law, which deals with offences against the state, civil law is about settling disagreements and securing remedies for harm done. But not every dispute belongs in court.

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When disputes arise, the first instinct is often to “take it to court.” Litigation has long been the traditional path for resolving conflicts, but it is not always the most practical or beneficial one. Court processes can stretch on for years, cost enormous sums in legal fees, and play out in a very public forum.

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Court-annexed mediation gives parties the opportunity to resolve disputes with the guidance of a trained mediator, while still operating under the oversight of the court system. It was designed not only to reduce the burden on the courts, but also to make dispute resolution more accessible, affordable, and responsive to the needs of ordinary people.

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Overhanging branches, invasive roots, blocked gutters, leaves in swimming pools, and even damage to driveways or walls are common complaints. But what does the law say, and what remedies are available to property owners?

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South African law generally allows a property owner to cut back branches that hang over their boundary from a neighbour’s tree. Some case authorities differ on whether prior notice to the neighbour is legally required, but the recommended approach is to give reasonable notice.

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Unlike court proceedings, which can be lengthy, costly, and adversarial, mediation is designed to be faster, less formal, and more collaborative. It allows both parties to retain control over the outcome, instead of leaving the decision entirely in the hands of a judge. 

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