Muhammad Ziyaad Gattoo

Non-compliance with servitudes: Lessons from the Great Borehole Incident of 2025

South Africa is facing growing problems with unreliable water and energy services, pushing more people to turn to eco-friendly alternatives such as solar power and boreholes to stay...

The critical role of the South African Deeds Offices in property transactions and common issues that can arise during registration

The 11 South African Deeds Offices play a pivotal role in the country’s immovable property transactions by ensuring the security and legality of immovable property ownership, or rights thereof....

What it means to “make your mark” in the twenty-first century

In the dynamic legal context of 21st-century South Africa, the traditional act of making your mark on a contract has undergone a profound transformation with the introduction of electronic...

Part 2 | Property Practitioners Act unpacked: Prescribed minimum information on letterheads and written communication

The Property Practitioners Act 22 of 2019 (Act) came into effect on 1 February 2022. The Act has repealed the Estate Agency Affairs Act 112 of 1976 (Estate Agency Affairs Act) in its...

Part 1 | The Property Practitioners Act unpacked: Mandatory disclosure forms

The Property Practitioners Act 22 of 2019 (Act) came into effect on 1 February 2022. The Act has repealed the Estate Agency Affairs Act 112 of 1976 in its entirety.

Where do mining rights, permission to occupy and long-term leasehold agreements fall on the food chain?

Holders of mining rights are confronted with claims to surface rights from communities holding permissions to occupy.

Live, love, laugh, but don’t use your electronic signature when selling your house

In recent years we have seen momentous breakthroughs in the realm of technology that have significantly enhanced many facets of life. The same is true in the context of commercial transactions,...

Compliance Certificates – Where, What, When & Why

CDH Real Estate Law experts conduct a quick conversation answering the often-asked questions about the many compliance certificates required from sellers of immovable property. These...

Agricultural Land Preservation and Development Bill Alert

The Preservation and Development of Agricultural Land Bill was first released in draft form in 2015 for public comment. A revised version was subjected to a second public commentary...

Property Industry Group announces relief package for retail tenants amidst the COVID-19 pandemic

Use of common property during lockdown

Residents of sectional title schemes have been left with a degree of uncertainty as to whether they are to remain confined to their sections or whether the use of common property and/or...

COVID-19 Block Exemption from provisions of the Competition

In an attempt to strengthen the Government’s programs designed to fight COVID-19, after a National State of Disaster was declared on 15 March 2020, the Department of Trade and Industry...

How Instalment Sale Agreements could provide a creative finance solution for deals banks turn away

The present economy is challenging due to a multitude of macro and micro economic factors at an international and local level. In an article published by Business Tech on 3 July 2019,...

Registered Restrictive Conditions find a hole in courts’ Omnipotence

Imagine having a condition in your title deed which dictates how you should use your property and imagine that you had no involvement in the inclusion of that condition. Surely there...

Supreme Court of Appeal rules speed limits in private residential estates are legally enforceable

In Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and others , the Supreme Court of Appeal has ruled that private residential estates are indeed legally...

Can a mortgage bond secure a claim for enrichment where the underlying loan agreement is invalid?

The facts of the Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa 2016 (1) SA 202 (SCA) are, at first, quite run-of-the-mill: Land and Agricultural...