The Checkout Company

29/01/2023

28/01/2023

COMPLEXITIES OF DEALING WITH EX PARTNER’S HALF SHARE

In the case of Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022), Bosman and Hoffman each bought a half share in a property. Ms. Hoffman ran a creche from a portion of the property. When the relationship ended Mr. Bosman moved and instituted legal proceedings against Ms. Hoffman for termination of joint ownership of the property, and payment of an outstanding amount owing to him in terms of an agreement between the parties.

They entered into a settlement agreement that was made an order of the court where a third party would purchase Mr. Bosman’s half share and Ms. Hoffman to pay the amount owing. She paid the amount owing to Mr. Bosman, however the half share purchaser’s bond application was cancelled, as the bank required that a new bond application be done by Ms. Hoffman and the third party, and they would not allow a substitution of debtor.

Mr. Bosman then approached the court for an order for termination of joint ownership. However, Ms. Hoffman contended that she would suffer great economic and financial distress should she be forced to dispose of her half share in the property. This included relocation costs of her business, rental increases and that she may be forced to close her business should she not find a suitable property in the same area. The court held that economic distress is not a defence to bind Mr. Bosman as a co-owner in perpetuity and his application succeeded, and it was ordered that the property must be sold and the proceeds divided between the parties.

Click below to view our MCSellersGuide.

https://mcvdberg.blob.core.windows.net/guides/SellersGuide%20-%20with%20cover%20page.pdf

Best regards,

The MC-Team

26/01/2023

24/01/2023

The government wants to take advantage of a growing rental trend in South Africa.

24/01/2023

18/01/2023

9HA - PROPERTY SITUATED IN THE CRADLE OF HUMANKIND

📍Location
bit.ly/3LSkRlu

This property is ideal for:
👉Guest Lodge
👉Development of a Bushveld retreat
👉Development of a Boutique hotel
👉Student accommodation for school tours
👉Permanent Accommodation Rentals

✈️Located only 5 minutes from Lanseria International Airport, Cradle Cove is set in a tranquil bush setting, perfectly situated in the Cradle of Human Kind. Established in 2003, this 9 hectare property has developed into the peaceful estate many get to call home, since some of the units are rented out permanently.

MAIN HOUSE
👉3 Bedroom, 4 Bathroom
👉Open plan Entertainment Area
👉Lounge/TV Room
👉Bachelor Flat
👉Storerooms

LAPA AREA
👉Thatch Lapa
👉Kitchen
👉Boma Area
👉Pool
👉Conference room/Classroom
👉Small Dam

ACCOMMODATION ON THE PROPERTY:
👉2 x 3 Bedroom, 2 Bathroom Brick Cottages
👉2 x 2 Bedroom, 1 Bathroom Brick Cottages
👉1 x 2 Bedroom, 1 Bathroom Brick Cottage with workshop
👉5 x 2 Bedroom, 1 Bathroom Log Cabins
👉1 x Bachelor Stone Cottage
👉Splash pool
👉Excellent Security

To Book A Viewing
https://wa.link/shwjvl

Contact: Roelien Lundin - 076 798 0235

16/01/2023

WHAT ARE CONVEYANCING FEES?

Conveyancing fees are paid to the conveyancer, or conveyancing attorney, in exchange for services rendered in relation to the conveyancing process. Conveyancing fees are determined based on the value of the property.

For more information contact us:
D***S VAN HEERDEN INC. | +27 11 279 5000 | https://www.dvh.law.za