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The traditional sources of the law of property in South Africa are common law, precedent and legislation. [24] Roman-Dutch principles have always provided the backbone, but they have lately been filled out considerably by statute, [25] as well as by the courts, among whose functions is to interpret and develop the common law. All sources of ...
The contract of sale, as it is known in South Africa today, derives its origins from the Roman consensual contract of emptio venditio.In D 18.1 (the title devoted to the contract of emptio venditio), there is no all-embracing definition of the special contract, but certain critical features can be extracted from the early fragments of the title:
A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby obligations are discharged or extinguished; e.g. release, novation), real agreements (whereby rights are transferred; e.g. cession, conveyance), and family law ...
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The New York Times reports that fractional ownership of real estate -- which the newspaper calls a "step up from timeshares -- is gaining popularity among home owners desperate for cash. You get ...
The business model also means fractional ownership is not subject to the short-term rental tax, Cyr noted, because it's not considered a rental of the property but co-ownership. 'I'm interested in ...
Fractional ownership affords much of the freedom and usage benefits offered in timeshare; however, the fundamental difference with fractional ownership is that the purchaser owns part of the title (as opposed to units of "time"). Therefore, if the property appreciates (or depreciates) in value, then so do the shares.
A surface use agreement (SUA) is a contract between a property owner and a mineral rights holder that dictates how the mineral rights are to be developed. [20] Meaning, when mineral rights are extracted by a company that does not own the property above where the minerals are located, the company has the legal right to extract those minerals ...