Van Zyl Retief

Understanding your rights: Breach and penalty clauses in property agreements

When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the transaction. Understanding these key provisions is essential for ensuring that the interests of both the buyer and […]

Understanding living wills

When one thinks of a will, the first thing that comes to mind is probably a last will and testament. This type of will expresses a person’s wishes after they have died. However, a living will, despite sharing some similarities with a last will and testament, is not the same thing. It can be described […]

Registered antenuptial contracts vs agreements between spouses

The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries Act 47 of 1937.  The public is not always aware of the fact that a verbal or written contract can be binding inter partes (between the parties) because an […]

The Perils of Using Chatgpt in The South African Legal Practice

Chat Generative Pre-Trained Transformer (ChatGPT), a powerful language generation model developed by OpenAI, has garnered significant worldwide attention and utilisation across various industries and professions. In South Africa, the legal profession is no exception. However, employing ChatGPT in legal practice comes with its own set of risks and dangers. This article sheds light on the […]

What Implications Does a Lien Have on Eviction Proceedings: Part 1.

In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]

Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?

Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]

Can you inherit from someone you have merely been living with?

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]

Why a Notary? – Part 2

In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look at the work reserved for notaries and a notary’s role in the certification and authentication of documents. One will see the necessity and importance of using a notary. The […]

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