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Property Law and Sectional Title
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.
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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.
The legal position is not just about whether a roof contains asbestos. It’s about how that asbestos is managed, what condition it’s in, and how the property is being used.
A key factor in the land’s governance is the Islamic principle of waqf, a form of religious endowment. Under this system, land designated as waqf cannot be sold or transferred, as it is considered an asset dedicated to Allah for the benefit of the needy.
The voetstoots clause is a common law concept which states that the purchaser buys the property from the seller “as is”, liberating the seller from any obligations for patent (visible) or latent (hidden) flaws, which are often more difficult to find by reasonable scrutiny.
With ongoing concerns about inconsistent readings, outdated systems, and disputed utility charges, the city is prioritizing an in-depth review of metering records and installations to create a more efficient and transparent billing system.
Ethically, if an agent knows that a property has a violent or controversial history, disclosing this information—or at the very least, advising the buyer to conduct further research—aligns with best industry practices.
The definition of expropriation remains a concern, but it is important to note that the new Expropriation Act's provisions are subject to the provisions of section 25 of the Constitution, which has not been amended. The latter section requires that compensation be just and equitable.
The signing of the Expropriation Bill by President Cyril Ramaphosa on 24 January 2025 has reignited debates over land reform, property rights, and economic stability in South Africa.
Approved building plans are not legally required to transfer ownership of a property in South Africa. But that doesn’t mean they won’t become important. In fact, in many cases, not having approved plans can hold up the sale — or cost someone a lot of money.
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