Legal Articles

Waterfall Estate operates on a 99-year leasehold system — but unlike a standard fixed-term lease, this agreement is automatically renewable, making it a far more stable and enduring arrangement than the term might initially suggest. Under this model, residents do not purchase the land itself. Instead, they acquire a long-term leasehold right to occupy and use the property for a 99-year period. 

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Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate at the time of performing any estate agency service.

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A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.

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A notarial tie is a restriction registered against two or more properties, binding them together without merging their titles. Consolidation, by contrast, physically combines the properties into a single erf with one title deed. Although both are used to satisfy zoning or planning conditions, each carries distinct consequences for ownership, development, and future transactions.

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Silver Linings by Dr Roelof Botha

Following a fairly subdued first five months of the year, the prices of platinum group metals (PGMs) suddenly came to light in June. Between 2 January and 2 July, the increases in the prices of platinum, palladium, rhodium and ruthenium amounted to 49%, 30%, 20% and 63%, respectively.

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Transfer duty is a tax levied by the South African Revenue Service (SARS) on the acquisition of fixed property when the seller is not a VAT vendor. Transfer duty must be paid before the property can be registered in the buyer’s name, and proof of payment is submitted to the Deeds Office during the transfer process.

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A suspensive condition suspends the effect of a sale agreement until a specific event occurs — typically bond approval, the sale of another property, or municipal clearance. If the condition is not fulfilled by the agreed deadline, the agreement lapses without consequence. But that simplicity is deceptive.

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When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, their mandates, appointment processes, and responsibilities differ significantly. 

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For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they’ve put their wishes in writing, those wishes will automatically be fulfilled. In reality, poorly structured or incomplete wills often create confusion, delay, and even legal disputes during the administration of the estate.

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170 Grosvenor, Bryanston - As of Monday, 2 June 2025, our construction team officially stepped onto the site, boots on the ground, ready to bring bricks and dreams together. After months of careful planning, sales milestones, and behind-the-scenes activity, it’s finally happening.

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