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Registration does not depend on the validity of the underlying causa, as South Africa applies the abstract system of transfer of real rights. [ 113 ] The mortgage agreement, governed by the law of contract, is an undertaking to secure the underlying principal debt by passing a mortgage bond over immovable property in favour of the mortgagee.
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 ...
The real question in terms of the Constitution was whether the measures taken by the state to realise the right were reasonable. [11] For a person to have access to adequate housing, the court held, there had to be the provision of land, services (such as the provision of water , the removal of sewage and the financing of all these) and a dwelling.
A lease and release is a form of conveyance of real property involving the lease of land by its owner to a tenant, followed by a release (relinquishment) of the landlord's interest in the property to the tenant. This sequence of transactions was commonly used to transfer full freehold title to real estate under real property law.
Escrow is an account separate from the mortgage account where deposit of funds occurs for payment of certain conditions that apply to the mortgage, usually property taxes and insurance. The escrow agent has the duty to properly account for the escrow funds and ensure that usage of funds is explicitly for the purpose intended.
Pages in category "Real estate companies of South Africa" The following 3 pages are in this category, out of 3 total. This list may not reflect recent changes .
In 2021/22 the Western Cape Provincial government received a total budget of just under R 72.35 billion with 74% (R54.445 billion) of that in the form of "equitable shares" from the national government budget, 18% (R13.53 billion) in the form of "conditional grants" from national government, 4% in "financing", 3% from the provinces own receipts ...
A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies.”