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A Johannesburg court ruling has reshaped how sectional title levy recoveries are handled, setting a new precedent for property owners and trustees. The decision is expected to influence future disputes and practices, highlighting the evolving landscape of property law in South Africa.

Read on https://tinyurl.com/ykmy6hv6

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HOW TO REPORT A DECEASED ESTATE

Upon the death of a person, the estate must be reported by an interested party to Master’s Office in which jurisdiction the deceased normally lived, within 14 days.

The reporting documents will differ slightly depending on the value of the estate and the type of appointment required.

If the value of the estate exceeds R250 000, letters of executorship must be issued and the full process prescribed by the Administration of Estates Act must be followed.

However, if the value of the estate is less than R250 000, the Master of the High Court may dispense with letters of executorship and issue letters of authority in terms of Section 18(3) of the Administration of Estates Act, (Act 66 of 1965).

The Magistrates’ Office service points will only have jurisdiction if the deceased did not leave a valid will and the gross value of the estate is less than R125 000 where there is no PEAS ( Paperless Estates Administration System).

Letters of authority entitle the nominated representative to administer the estate without following the full procedure set out in the Administration of Estates Act.

For more information visit the Master's website or contact us for assistance.

VOETSTOOTS

COMMON LAW WARRANTY AGAINST LATENT DEFECTS BY SELLER.

The common law provides that for a period of 3 years from date of sale the seller remains liable for any laten defects, unless this warranty is extremely excluded. The use of the 'voetstoots' is one of the contractual means of excluding this common law laten defect warranty.

WHAT DOES VOETSTOOTS MEAN?

This term means that property is sold 'as it stands' or 'as is'. The 'VOETSTOOTS ' clause as it is commonly known, is found in most agreements of sale of immovable property.

WHO DOES THE VOETSTOOTS CLAUSE PROTECT?

The VOETSTOOTS clause is written in to the agreement of sale for protection of the seller. The protection this clause gives to the seller is that the Seller is not responsible for any defects which are in the property whether these be laten or patent. The purchaser buys the property in the condition in which it is found at the date of sale regardless of the condition of the property.







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