Benaters | Boutique Law Firm in Johannesburg

News & Insights

Incisive legal news and insights

Posts tagged Property Law
Security Estates: Are Your Rules Enforceable?

Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.

But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.

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Don’t Lose Your Claim to Prescription - Know the Law!

Delay suing your debtor for too long and you lose your right to claim forever.  That’s the practical effect of our law of prescription, and it’s like throwing money away.  It’s also totally avoidable.

But what if you didn’t know you had a claim in the first place?  A recent judgment from the highest court in the land – our Constitutional Court – warns that what counts is whether your lack of knowledge is a case of factual ignorance, or a case of ignorance of the law.  It’s the source of your ignorance that counts; and not managing that can cost you a lot of money…

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Creditors and Debtors: Important New Prescription Judgment
Running into debt isn’t so bad. It’s running into creditors that hurts” (Unknown)


The fact that debts prescribe (become uncollectable after a period of time) presents as much of a threat to a creditor as it does an opportunity to a debtor so it’s important for both to understand the process.   

We’ll list the periods that apply to common types of debt and talk about prescription being “delayed” or “interrupted”.  We’ll focus in particular on a recent and very important Supreme Court of Appeal decision answering the question: “Can a debtor’s admission of liability interrupt prescription even if it is made without prejudice during settlement negotiations?”  

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