February 2015

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...

January 2015

BEWARE PRESCRIPTION: THE TALE OF THE “WATERTIGHT CASE” THAT DIED A SAD AND SUDDEN DEATH “Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due to a fatal blow from a watertight defence of prescription....

December 2014

Thank you for your support in 2014. Have a Wonderful Festive Season, and a Happy and Prosperous 2015! THE GOLF ESTATE RULES THAT SENT A ST BERNARD TO THE DOGHOUSE “To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley) Living in a...

November 2014

DEVELOPERS: REGISTER OR REGRET Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder’s Registration Council) before you conclude a building contract or...

October 2014

Houses – Transfer Trumps Intention “Experience is a hard teacher because she gives the test first, the lesson afterward” (Vernon Law) Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a...

September 2014

Property Fraud: Buyers, Bondholders Beware “Our system of deeds registration is negative: it does not guarantee the title that appears in the deeds register” (extract from first judgment below) Although in practice title deeds as registered in the Deeds Office are...