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August 2019 NEWSLETTER
Beware of Property Cyber Scammers
Forewarned is forearmed! 

Here’s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that.

So we’ll have a look at how these cyber-scams work, at how you can protect yourself from them and at how, no matter how much security the transferring attorneys may have on their side, you still need to be constantly on guard.
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Can Your Bank Take Your Money Without Permission?
ArticleImage Is your bank entitled to clean out your current account’s credit balance – with neither notice to you nor your permission – to settle a separate debt you owe it? 

Banks have always argued that they are allowed to do exactly that in terms of our common law principle of “set-off” – and that having that ability helps us all in the end by giving them more security when lending us money.

The National Credit Regulator however approached the High Court for a determination on whether or not the National Credit Act has changed all that. We discuss the issues at stake and the Court’s ruling.
   
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How to Stop Vital Evidence Being Destroyed
ArticleImage Your “strong” court case is worth nothing without the hard evidence to support it.

What if that vital evidence is in the hands of the enemy, and you have every reason to believe that it will be destroyed or spirited away before trial? Fear not, our law has a powerful weapon to help you in the form of an “Anton Piller” search and seizure order.

Let’s have a look at how the “surprise” element inherent in applying for these orders is both central to their successful execution, and an underlying reason for our courts’ caution in granting them. You have many requirements to meet and the recent Supreme Court of Appeal case of a software developer’s claims for damages and unlawful competition show how they work in practice. 
   
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Unlawful Occupiers: Eviction Is Possible, but Neither Quick nor Easy
ArticleImage This may be a good time to take Mark Twain’s advice to “Buy land, they’re not making it anymore”. 

When you find a property you like the looks of, just check upfront whether there is anyone currently in occupation. If there is, be sure to take legal advice on the occupiers’ legal position, because whilst it’s certainly possible to evict unlawful occupiers, you might be in for a long and difficult fight. 

We discuss the strong constitutional and statutory rights enjoyed by unlawful occupants in the context of a recent High Court matter where a family, having refused to vacate a newly-sold apartment, proceeded to live in it rent-free for over two years.
   
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Your Website of the Month: Living Overseas and Benefitting from a Will in South Africa?
ArticleImage What happens if you want to access a South African bequest overseas?

BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are –
  • Non-resident, 

  • Financially emigrated, or

  • A South African resident temporarily abroad.
Read also the section on taxation.

Bear in mind that of necessity an article like this can only give you an overview of some general principles, and that getting anything wrong could cost you dearly. Professional advice on your specific circumstances is a no-brainer here!
   







Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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