Legal Advice
Welcome to the Legal Advice Office in South Africa
The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.
Our legal advice and services are based on 40 years of experience in the professional legal field. As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.
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Keep in mind the type of ownership that one has in a sectional title scheme.
The rules and the law governing Sectional Title properties can sometimes be complicated.
This is a query that we received on Friday from a sectional title owner.
“Hugh, can you please help me with advice in this regard.
In the sectional title scheme where I live there is constant fighting and arguing about who may park where and who is responsible for the maintenance of these parking spaces. My question is: who decides which parts of the scheme will be allocated for parking bays, who may use them and who must maintain them?”
In the current economic climate; questions about retirement are becoming a more common and often asked query.
We received this query last week for example.
“Hugh,
I am a widow now 59 years old and have been working for nearly 18 years for the same company. The office manager recently came into my office and told me that I will have to retire when I am 60 as that is the age everyone retires from the company. I had heard that most people retired at 60; but was hoping that I could stay on till I was at least 65 so as to build more of a nest egg for myself. I was shocked and did not respond to him. Am I obliged to retire at age 60 or am I allowed to continue working till I am 65?”
“Who’s in charge: the person with the right to live in a property or the property owner?
We sometimes get in interesting queries; something that is out of the ordinary.
Here is one such query we received a few days ago.
“What rights does a person with rights of habitation have over those who are the co-owners of a property? Where the person with habitation is also a co-owner. Two out of the five co-owners are living on the same property, while one party refuses to pay municipal bills. I will name Party one A, and Party two B. Only B is paying while A refuses to pay for anything. B does not want to lose the property for municipal debt. What law protects B in this case, where A, who doesn’t pay; can he be held accountable? I have read that one should set up an agreement, but if the agreement is written and the A then refuses to sign (hypothetical scenario), what then?”
The inconvenience for a landlord caused by an early cancellation will be annoying; but a tenant has the RIGHT to cancel a lease.
We receive many enquiries from both landlords and tenants, but mainly tenants, regarding the subject of commercial lease cancellations and early terminations of such leases.
It is not a straightforward matter and is governed by both the common law of contract and the Consumer Protection Act, No 68 of 2008.
As I have said before; you cannot just cancel a lease agreement.
It is a contract and if you want to cancel it or terminate it earlier than the expiry date; that legal process must be dealt with correctly, professionally, properly and legally.
Can I sell my property without settling the outstanding levies first?
We received this query last Thursday.
“I bought property in a security estate in Bellville in 2016 which is managed by a Homeowners Association (HOA.) The property was expensive but in my mind an investment in me and my family’s future. However, personal financial constraints have made me not only fall behind on your levies but also consider selling the property. I may even be staring insolvency in the face. Can I sell the without you settling the outstanding levies first?
Surrogacy is allowed in South Africa and is regulated by the Children’s Act.
We received the following question during the course of last week
“I have been happily married for the last 7 years. However; I am medically unable to produce a child. My husband and I have talked about the option of both adoption and surrogacy. We have decided to go the surrogacy route if we can, and have discussed it with my sister. She is older than me has two children and does not want any more of her own and is willing to consider it. We’ve not yet spoken about costs or payment for her to do this, because we’re not sure whether surrogacy is even allowed in South Africa. Is surrogacy an option we can consider? Your advice would be much appreciated”
The expunging of criminal records. Fact or fantasy?
Here is an interesting inquiry that we received in on Friday last week from a client who we advised accordingly.
“I completed my tertiary education at the end of 2017 and I have been looking for employment since January 2018. I just can’t get work, mainly, I think, because I have a criminal record. The criminal record stems from a case of shoplifting that I committed in 2007 and to which charge I pleaded guilty and for which I received an R500 fine without any suspended sentence attached. Can my criminal record be removed?”
“Yes, it can” is the short answer to your question.
Both sellers and Estate Agents should be made aware of this legal requirement.
Last week we received this inquiry.
“I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”
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