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INTRODUCTION Communication in transactions routinely takes place by way of e-mail. It is common for e-mails to be “hacked” by fraudsters. Fraudsters then mislead the person transferring money into believing that the transfer of funds into the fraudster’s bank account is in accordance with the agreement between the transacting parties, this is more commonly […]
INTRODUCTION Transacting with immovable property in South Africa can be legally complex and precarious. This is especially true for landowners who seek to sell their property, through a written agreement of sale, to any municipality in South Africa. The recent decision of the Supreme Court of Appeal (SCA) in the matter of Merifon (Pty) Ltd […]
A land owner has the right to the full use and enjoyment of his property without disturbance caused by any permanent physical intrusion or encroachment onto the property. There has been contention in our law on what the appropriate remedy is for an owner whose property is encroached upon, for instance, by his neighbour’s building […]
In terms of Section 15 (1) of the Matrimonal Property Act 88 of 1984 ("the MPA"), both spouses have equal powers to deal with the assets of the joint estate, without the consent of the other spouse. This power is limited in terms of sections 15(2) and 15(3) of the MPA. It is a requirement […]
