Tonkin Clacey News
CAPACITY OF A REHABILITATED INSOLVENT TO DEAL WITH IMMOVABLE PROPERTY
Conveyancers and examiners should take cognizance of the fact that even though an insolvent has been rehabilitated, a right to property acquired by such rehabilitated insolvent prior to, or during, his or her insolvency, continues to vest in the trustee despite the...
PRE-EMPTIVE RIGHT: PROPER VIS-À-VIS PRE-EMPTIVE RIGHT – CONDITION
From a conveyancing point of view and for the ensuing reasons it is imperative to distinguish between a pre-emptive right proper and a pre-emptive right condition which prima facie appears to be a consumable pre-emptive right, but binds successors in title or is...
Amendment of Sectional Plans
Section 14 of the Sectional Titles, Act 95 of 1986, (the “Act”) affords the Surveyor General inter alia with the right to substitute any registered sectional plan, found to be incorrect, for another sectional plan (note on the underlined words). In practice it often...
Succession in the case of simultaneous death
Succession is conditional on survivorship. No person can succeed as an heir or legatee unless he or she survives the deceased person. Where an heir has predeceased or died simultaneously with the testator, such person cannot take any benefits from the estate. The...
Sale of Property in Execution must be Transfered Free of or Subject to Usufruct
Where land is subject to a usufruct and the bare dominium owner wants to register a mortgage bond over such property, the financial institution concerned will, more often than not, request the usufructuary to waive preference of the usufruct in favour of the bond in...
Conditions of deeds of transfer where the sectional title register was opened under the Sectional Titles Act, 1971
Where sections are transferred in terms of a sectional title scheme of which the register was opened under the Sectional Titles Act of 1971, ie before 1 June 1988, the following wording must be referred to in the conditional clause of the deed of transfer: “endorsed...