Property Law Archives - Strauss Daly

June 25, 2025

Published by client-admin at June 25, 2025

Categories

Law

All Our Trustees Have Resigned. What Now?

What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue […]

April 14, 2025

Published by client-admin at April 14, 2025

Categories

Law

Claiming Ownership Through Acquisitive Prescription

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in […]

April 14, 2025

Published by client-admin at April 14, 2025

Categories

Law

What Role Do Homeowners’ Associations Play in Shared Developments?

Homeowners’ Associations (HOAs) are a critical component of shared developments in South Africa, managing everything from noise levels to pet policies. While they offer many benefits, […]

March 10, 2025

Published by client-admin at March 10, 2025

Categories

Law

Property Ownership Transfer and the Abstract Theory

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. […]

December 9, 2024

Published by client-admin at December 9, 2024

Categories

Real Estate

Understanding Homeowners Associations (HOAs)

If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs […]

July 8, 2024

Published by client-admin at July 8, 2024

Categories

Law

How a Latin phrase affected a recent property dispute case

In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a […]

July 8, 2024

Published by client-admin at July 8, 2024

Categories

Real Estate

Are you obligated to pay arrear levies when purchasing a sectional title unit? Part 1

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in […]

May 20, 2024

Published by client-admin at May 20, 2024

Categories

Law

Are you using your residential property for an unauthorised or illegal purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan […]

March 22, 2024

Published by client-admin at March 22, 2024

Categories

Law

The ABCs of lease agreements in South Africa

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear […]