Maurice Phillips | Wisenberg

03/09/2026

Not all neighbour disputes should be handled the same way. Building line violations are often best addressed through municipal enforcement, sectional title conduct issues through CSOS, and urgent or ongoing harm through court interdicts. Choosing the wrong route can delay resolution and increase costs.

MP|W helps property owners assess the situation early and take the most effective legal path from the start. https://tinyurl.com/y9tr23ft

27/08/2026

Vague or poorly drafted warnings are easy to challenge. A valid warning must clearly state the incident, the rule breached, what improvement is required, and the consequences of failing to comply. Without this, employers risk claims of unfair labour practices. MP|W helps businesses implement structured, compliant warning systems that support fair discipline.

Precision in wording can make or break your case: https://tinyurl.com/3kzvj52u

24/08/2026

Suspension is appropriate in situations involving serious misconduct, such as fraud, harassment, or where an employee may interfere with an investigation or pose a workplace risk. It should be on full pay, justified, and limited to what is necessary. When applied incorrectly or allowed to drag on, it can lead to compensation claims.

MP|W helps employers apply suspension properly, protecting both the process and the business: https://tinyurl.com/3kzvj52u

20/08/2026

Under SPLUMA, objecting to a neighbour’s rezoning application is a right, but one that expires quickly and demands more than a letter expressing concern. Objections must be submitted within 28 days of public notice, grounded in specific, provable impacts such as traffic congestion or privacy interference, and supported by technical evidence like studies or plans. Vague, emotional, or late submissions are routinely dismissed by tribunals without consideration.

MP|W assists residents and community organisations in preparing SPLUMA-compliant objections that are evidence-based and built to withstand the applicant’s technical reply: https://tinyurl.com/4n5n833n

17/08/2026

Building line encroachments are increasingly common in high-density suburbs, but the law gives affected property owners real options. Your first and most cost-effective step is reporting the violation to the municipality’s planning department. If confirmed, they can compel removal without any court involvement. Courts remain a powerful fallback, ordering demolition or compensation, but realistic outcomes often favour negotiation or municipal action first.

MP|W helps property owners take the correct steps, from lodging the right complaint to pursuing litigation when necessary: https://tinyurl.com/4n5n833n

14/08/2026

When does the warranty clock really start?

Discovering a defect in your new home does not necessarily mean the prescription clock has already started ticking.

In a recent Supreme Court of Appeal judgment, the Court confirmed that a homeowner’s claim for breach of the statutory home builder’s warranty only starts prescribing once the builder has been given a reasonable opportunity to repair the defects and has failed or refused to do so.

The distinction matters for homeowners, builders and property developers alike, particularly where repair work continues over an extended period.

Antony Arvan looks at the judgment, what the Court decided and its practical implications for defect claims.

Read the full article here: https://tinyurl.com/home-builders-warranty

A homeowner's claim for breach of the statutory home builder's warranty only starts prescribing once the builder has been given a fair chance to repair the defects and has failed or refused to do so — not from the moment the defects are first discovered.

13/08/2026

Many buyers discover a property’s heritage obligations only after transfer, because conveyancing records don’t always reflect formal protection status under the NHRA. A building over 60 years old may require heritage authority approval for any alteration, and a formally protected site carries even stricter obligations, including potential exposure to Section 45 repair orders.

Read our article: https://tinyurl.com/32bnjukw

10/08/2026

Property transfers in deceased estates cannot proceed without SARS clearance. Executors must obtain estate duty clearance and Section 42 approval before lodgement can take place. Delays often arise from valuation discrepancies, outstanding levies, or missing compliance certificates.

MP|W ensures both SARS and conveyancing processes are aligned from the outset, keeping the transfer on track and avoiding unnecessary setbacks. https://tinyurl.com/mp5ufauf

07/08/2026

We are seeking the services of a driven and ambitious Associate Attorney and Conveyancer eager to join our property law department.

Suitably qualified candidates are invited to apply: https://tinyurl.com/54vad4by

06/08/2026

Many property owners assume that joint ownership means the surviving party automatically inherits the property. In most cases, this is not correct. A deceased person’s share forms part of their estate and is distributed according to their will or intestate succession. This misunderstanding often leads to disputes and delays.

MP|W advises on structuring ownership correctly to avoid confusion and protect intended outcomes: https://tinyurl.com/mp5ufauf