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An interminable waiting game

By Daily News Published on Monday, 05 July 2021
Tags: #Civil Rights #Litigation #Property Law
The Prudhoe community, whose land claim has been stalled by ineptitude for 23 years, have still not had their land restored to them – despite the Constitutional Court dismissing the last legal challenge to it more than nine months ago.

Buying Property from a Company – Should You Buy the Shares or the House?

By Ashersons Attorneys Published on Monday, 05 July 2021
Tags: #Banking & Finance Law #Business & Industry Law #Property Law
You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) by buying the shares and thus avoid the delay and cost of a normal property transfer and registration in the Deeds Office.

Minister halts plan to appeal Ingonyama ruling

By Daily News Published on Monday, 28 June 2021
Tags: #Civil Rights #Litigation #Property Law
The nine residents of Ingonyama Trust Board (ITB) land who successfully challenged its residential lease programme are likely to be the first to have the unlawful leases, which were imposed by the entity, restored to permission-to-occupy certificates.

Custodianship too much for state to bear

By Daily News Published on Wednesday, 23 June 2021
Tags: #Civil Rights #Property Law
On 11 June the KZN High Court (Pietermaritzburg) ruled that the PTO (permissions to occupy) Conversion Project, implemented by the Ingonyama Trust, was unlawful.

Now Ingonyama Trust to be targeted at ICC

By Daily News Published on Tuesday, 22 June 2021
Tags: #African Customary Law #Civil Rights #Litigation #Property Law
The Ingonyama Trust Board, whose residential lease programme was last week deemed unlawful by the KZN High Court (Durban) and ordered to pay back millions of rands that it illegally received from people living on trust land, is set to face yet another legal challenge, this time in the International Criminal Court in The Hague, says a City Press report.

UJ’s ceded lease repudiated agreement

By Daily News Published on Tuesday, 15 June 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
The Constitutional Court has come to the University of Johannesburg’s (UJ) rescue, says a report in The Herald. It ruled in the institution’s favour in a case involving land UJ leased to a school of theology 25 years ago.

Minister acts to comply with Ingonyama land ruling

By Daily News Published on Tuesday, 15 June 2021
Tags: #African Customary Law #Civil Rights #Constitutional Law #Litigation #Property Law
Agriculture, Land Reform & Rural Development Minister Thoko Didiza says she has ‘taken it to heart’ that she and others who have held the ministerial position ‘should have done more’ to exercise oversight of the Ingonyama Trust and its board.

Ingonyama to repay millions after leases ruled unlawful

By Daily News Published on Monday, 14 June 2021
Tags: #Constitutional Law #Landlord Tenant Law #Litigation #Property Law
The KZN High Court (Pietermaritzburg) has declared the Ingonyama Trust Board’s (ITB’s) residential lease programme unlawful and has ordered it to pay back millions it has collected from residents since 2012.

Prasa seeks eviction of rail line squatters

By Daily News Published on Thursday, 10 June 2021
Tags: #Litigation #Property Law
Prasa will head to court next month for an eviction order hearing in an attempt to move people occupying train tracks on the central line.

First round to activist in battle for heritage site

By Daily News Published on Thursday, 10 June 2021
Tags: #Civil Rights #Litigation #Property Law
An environmentalist employed by the eThekwini municipality has secured a small but important victory in his legal battle to rehabilitate an old Indian cemetery used by a freight company to store containers, reports TimesLIVE. 

When Bond Clauses Sink Sales

By Ashersons Attorneys Published on Monday, 07 June 2021
Tags: #Property Law
Selling or buying a house is a time of excitement and the culmination of a lot of time and effort on your part, so as soon as the ink dries on your signed sale agreement you will want the transfer process to get underway, and you will want it to keep going without a hitch. The best way to achieve that of course is to be aware of what can go wrong and to proactively take steps to avoid any problems.

'Milestone' handover of deeds to black farmers

By Daily News Published on Monday, 24 May 2021
Tags: #Civil Rights #Property Law
More than 30 black farmers in Tafelkop, Limpopo, were handed title deeds by President Cyril Ramaphosa on Saturday after 25 years of struggling to own the farms.

Court orders commercial 'invaders' out of 'green lung'

By Daily News Published on Friday, 21 May 2021
Tags: #Litigation #Property Law
The Gauteng High Court (Johannesburg) has ordered the City of Johannesburg to take steps to prevent Dragon City Wholesale Mall and Anchor Projects from utilising Erf 56 in Crown North township for any commercial or industrial activity, or as a parking lot.

ConCourt dismisses dam ownership case

By Daily News Published on Thursday, 13 May 2021
Tags: #Litigation #Property Law
The Constitutional Court has dismissed the appeal by Kingsley Jack Whiteaway Seale, Ontspan Bellegings (Pty) Ltd, HI Frank Components (Pty) Ltd, and Schoemansville Ouwerklub over the ownership and control of some parts of Hartbeespoort Dam and its surrounding areas.

Landmark ruling on farm evictions

By Daily News Published on Thursday, 06 May 2021
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
A farmer’s application to evict the adult children of farmworkers employed on his farm Hammansdans outside Wellington in the Western Cape has been dismissed by Judge Zeenat Carelse in the Land Claims Court.

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