Contact Raichlin Attorneys on: Tel: (011) 483-1527/8 or (010) 020 5852 - (010) 045 7002|reception@raichlin.co.za

RAdmin

About RAdmin

This author has not yet filled in any details.
So far RAdmin has created 13 blog entries.

August 2015: Boundary Wars

BOUNDARY WARS: WHAT TO DO WITH AN ENCROACHING NEIGHBOUR

[…]

YOUR HOUSE IN A FAMILY TRUST – WHAT HAPPENS TO IT ON DIVORCE?

“….. trust assets held by a trustee in trust, do not form part of the personal property of such trustee as a matter of law” (extract from judgment below)

What happens if your home is registered in the name of a trust and you get divorced? Do you get a share of the house’s value?
A trust […]

REPORT CORRUPTION! OFFICIAL FIRED FOR A MARIE BISCUIT BRIBE

In “Bureaucrats and Brick Walls – Fight Back!” last month we looked at the no-nonsense approach our courts are taking to corrupt, inefficient and disinterested public officials.

Further proof of this tough stance comes from a recent Labour Court ruling confirming the dismissal of a Home Affairs official who admitted receiving a packet of biscuits in […]

EMPLOYERS, EMPLOYEES: YOU AND THE NEW FIXED TERM CONTRACT RULES

The new Labour Relations Amendment Act gives significant new protections to employees on a new or renewed fixed term contract.

What follows is of necessity only a brief summary of some complex new provisions in our labour laws – your downside if you get this wrong will be substantial, so specific advice is essential!

The exclusions

Excluded are […]

HOME OWNERS ASSOCIATIONS: ARE YOU STILL AT RISK ON INSOLVENCY?

Here’s a scenario that is unfortunately a real risk these days –

You are a member of a Home Owners Association (HOA),
Your HOA is struggling to recover arrear levies from another homeowner who has fallen into financial difficulty.

If the arrears aren’t recovered, you and the other homeowners will have to chip in to cover the shortfall.

The […]

WHEN THE EMAIL IS DEADLIER THAN THE MAIL”: WATCH WHAT YOU E-AGREE TO!

The car-wash contract that died in cyberspace

Take for example the facts of a case recently before the Supreme Court of Appeal –

The owner of car-washing units rented them out to an “operating agent” in terms of agreements with non-variation clauses.  Any “consensual cancellation” had to be in writing and signed by both parties.
The agent, in […]

WHO WILL RID ME OF THIS LEAKING ROOF?

“If the roof doesn’t leak, the architect hasn’t been creative enough”

(Frank Lloyd Wright)

 

Witticisms by modernist architects aside, can you sue the seller when the roof of your new dream house starts leaking shortly after purchase?

Roof leaks by their very nature often result from “latent” defects, a latent defect being one that “would not have been […]

CREDITORS: HOW TO SECURE YOUR SURETY CLAIMS IN BUSINESS RESCUE

Will your claims against sureties be prejudiced if your claim against the main debtor is compromised during business rescue proceedings?

Regular LawDotNews readers will recall the different approaches taken by various High Courts to this question, and creditors will be relieved to learn that now the Supreme Court of Appeal has confirmed that your suretyship claims […]

STRUGGLING TO EVICT A “COMMERCIAL” OCCUPANT? DON’T STRESS ABOUT PIE

A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant –

Residential occupants: Occupants residing on premises are afforded protection in terms of PIE (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) with its many onerous requirements for eviction. Note that even […]

CONTRACTS – LEAVE NO SHADOW OF A DOUBT

Contracts should always contain a “non-variation” clause providing that no variation of the agreement is of any force or effect unless it is in writing and is signed by all parties.

A recent High Court case resulting from a property dispute shows why.

 

Landlord v Tenant: The restaurant that fell on hard times …..

A restaurant owner, who […]