Friday, May 20, 2016
Section 66 of the Deeds Registries Act 47 of 1937 limits the duration of a usufruct to the lifetime of the person in whose favour it was created, and further restricts the cession thereof to the owner of the land encumbered thereby.
Uncertainty, from a conveyancing perspective, prevails with regard to massing and adiation, and massing and election. In this article it will be endeavored to shed more light on the difference between the two, and to indicate what impact it has on the transfer of immovable property emanating from an estate where massing occurred.
In terms of the provisions of Regulations 920 and 921, both advertised in the Regulation Gazette No. 10320 of the Government Gazette No. 38238 dated 24 November 2014, the following has been determined:
From a conveyancing perspective it is very important to distinguish between positive and negative personal servitudes. The reason is due to the fact that different sections of the Deeds Registries Act 47 of 1937 (“the Act”) apply when creating and registering these servitudes.
Tuesday, May 17, 2016
AMENDMENTS TO OFFER TO PURCHASE
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
Monday, May 16, 2016
Legal updates and commentary from our Environmental and Mining Law team for April 2016.
Published under GNR 135 on 18 April 2016
Published under PN 143 on 21 April 2016
Published under PN 102 on 08 April 2016
