customary marriage

Are you Married or Not – That is the Question!!

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The court had to  decide, on a preponderance of probability, if a customary marriage had been concluded. The negotiations were concluded. The lobolo was...
Allen West Conveyancing Update

Responsibility for Building Plans to be Obtained

Part of the dispute in this judgment related to a suspensive condition in a sale agreement requiring the procurement of approved plans for the...
New SAQCC Gas App

End of the Road for Gas Paper CoC’s Announced

As of the 1st of April 2023, any Certificate of Conformity (CoC) issued by paper will not be considered valid. SAQCC Gas is proud...
Updated Conference Resolutions by Allen West

Updated Revision of Book on Conference Resolutions

The Registrars Conference Resolutions are an essential source of information to any person involved in conveyancing and notarial practice and procedure, and should be...
City of Johannesburg

City of Johannesburg systems down

Joburg customers alerted of maintenance exercise to improve customer satisfaction. The City of Johannesburg is committed to delivering excellent services to our customers. In...
Association buying land conveyancing update

Capacity of Associations to Acquire Immovable Property – Conveyancing Update

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If an association is not a universitas, then immovable property cannot at common law be registered in its name as such, for it is...
Allen West Conveyancing Update

The Law of The Place of The Husband’s Domicile and Civil Unions – Conveyancing...

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A person’s domicile is a particular territorial jurisdictional area or country where he/she intends to settle or is settled indefinitely. It is therefore a...
Allen West Conveyancing Update

Beware of right of pre-emptions

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In Associated South African Bakeries v Oryx20 this Court held that where a seller enters into a contract of sale with a third party,...
Power of attorney VS mandates in conveyancing

What is the difference between a mandate and a power of attorney?

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A mandate should be distinguished from an authority or power of attorney. An authority gives the authorised party the power to perform juristic acts...
affect of repudiation in inheritance

Effect of Repudiation of an Inheritance on the Devolution of Immovable Property – Conveyancing...

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Where a deceased dies testate or intestate and certain of the testate or intestate heirs elect to renounce their right to the inheritance, the...
Allen West Conveyancing Update

Does a Representative of a Deceased Estate Have the Capacity to Sell Immovable Property?...

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Section 18(3) of the Administration of Estates Act, 66 of 1965, (the Act) provides that where the value of an estate is below R250...
Allen West Conveyancing Update

The Assumption of a Common Surname in Terms of The Civil Union Act –...

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The assumption of a common surname is traditionally seen as one of the most important consequences of a marriage. It is a highly public...