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Cor van Deventer's Articles

Agricultural Land Rezoning in South Africa – What Makes it so Difficult?

The Department of Agriculture, Land Reform and Rural Development (DALRRD) plays a central role in reviewing and approving any subdivision or conversion of farmland. Their mandate isn’t commercial—it’s agricultural sustainability. This means land that is suitable for farming is automatically viewed as a strategic resource.

The Cost, Delays, and Risks of Rezoning Property

Rezoning applications can take anywhere from six months to two years—sometimes even longer. While municipalities offer general time estimates, the actual duration depends on a range of unpredictable factors, many of which are outside the applicant’s control.

The Rezoning Process in South Africa

For developers, investors, and landowners looking to change how a property may legally be used, land rezoning is a process that requires planning, expert input, and a clear understanding of local government systems. A misstep can result in months of delay—or complete rejection.

Enforcing Property Sale Contracts in South Africa

The moment a seller signs and accepts a written offer, a property sale agreement comes into legal existence. But while the contract is technically valid from that point, it isn’t always immediately enforceable. Most sale agreements include suspensive conditions—clauses that suspend the legal effect of the contract until certain events take place.

Can a Property Sale Agreement be Cancelled?

It’s not uncommon for buyers or sellers to reconsider the transaction after the agreement is concluded. A seller may no longer wish to sell, or a buyer may begin to doubt whether they want to proceed. While these scenarios are understandable, walking away from a signed contract isn’t always straightforward.

The CPA and Lease Agreements in South Africa

The CPA starts applying even before a lease is signed. Properties may not be advertised in a manner that is misleading, false, or deceptive. This includes using exaggeration, ambiguity, or failing to disclose material facts. Tenants must be able to make informed decisions based on truthful representations.

Long-Term Lease Agreement – When Does It Apply to You?

To gain full legal recognition and enforceability against third parties, a long term lease contract must be reduced to writing and registered in the deeds registry. This formal process transforms the lease from a personal right into a real right, meaning it attaches to the land itself—not just to the agreement between the original landlord and tenant.

What Happens to a Business During Divorce?

Company shares, profit rights, intellectual property, and even business equipment can become part of the divorce negotiation. This not only affects the financial outcome for both spouses—it can also disrupt business operations, relationships with partners, and investor confidence.

Signing Suretyships When Married in Community of Property

Many couples are unaware that the Matrimonial Property Act imposes strict conditions on transactions like suretyships. While spouses generally enjoy equal powers to manage the estate, certain acts—especially those that involve binding the estate to another party’s debts—require formal consent.

What is a Notarial Bond in South Africa?

A notarial bond is a form of security that allows a creditor to register a legal right over a debtor’s movable property—without taking physical possession of it. It is executed before a notary public and registered in the Deeds Office, giving the bondholder a real right of security enforceable against third parties.

 

 

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