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Blog & Articles

Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles (Page 9)
07 January
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How SPLUMA affects Property Sellers

Posted by Hammond Pole
in Property Law
SPLUMA

What is SPLUMA? The Spatial Planning and Land Use Management Act (16 of 2013) (SPLUMA) is set to aid effective and efficient planning and land use management. It is a national law which was passed by Parliament in 2013. The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of SPLUMA to provide additional detail on how the law should be implemented. What is a SPLUMA Certificate? The Deeds office requires a SPLUMA Certificate from the local authority before property registrations can proceed. All municipalities must establish a SPLUMA compliant land use scheme plan. The Act requires...

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14 December
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On the road and in an accident – What to know and what to do

Posted by Hammond Pole
in Hammond Pole Blog, Legal Advice
road accident blog

The peak travel period for the festive season is upon us and whether you’re involved in a bumper bashing or a more serious crash, whether you’re a driver, passenger or even an onlooker here’s a five-step guide on what to do after a vehicle accident: Step 1 – Stop and call for help Stop your car and switch on your hazards to warn other drivers to be careful. If it is safe to do so, climb out of your car to check if anyone has been injured. If someone has been injured, contact an ambulance, or rescue unit. It’s critical that...

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25 November
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Protecting our Women & Children against Abuse

Posted by Hammond Pole
in Family Law
16 days of activism blog

“We must protect our families, we must protect children, who have inalienable rights and should be loved, should be taken care of physically and mentally and should not be bought into the world only to suffer.” – Indira Gandhi Human Rights Day Human Rights Day is celebrated on the 10th of December annually. It commemorates the day the United Nations Generally Assembly adopted the Universal Declaration of Human Rights in 1948. This Declaration set out to ensure universal protection of all fundamental human rights and has been translated into hundreds of languages and dialects from Abkhaz to Zulu which led to a...

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17 November
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Identity Fraud Awareness

Posted by Hammond Pole
in Know The Law
identity fraud

Today you are You, that is truer than true. There is no one alive who is Youer than You.” ― Dr. Seuss. This is one of my favourite quotes, but can there actually be two of you? I recently had a client who was excitedly finalising the arrangements for her upcoming wedding. We drafted her antenuptial contract and a day before she was scheduled to sign, we received a call from her marriage officer… She was a victim of identity fraud and was actually listed as married with the Department of Home Affairs. In South Africa, you are not legally allowed to...

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05 November
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Signing documents in a foreign country

Posted by Hammond Pole
in Know The Law
signing documents

Signing documents outside of the Republic of South Africa can be problematic because different procedures apply depending on the rules of the country where the documents are to be signed. Modern commerce has resulted in the exchange of documents across borders which leads to affidavits and conveyancing documents being signed in a foreign country. A typical property transfer requires various FICA affidavits, marriage declarations and a power of attorney to be signed. It is, however, a regular occurrence that the grantor or the seller, in simple terms, is either travelling or resides in a foreign country. The following needs to be kept in...

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29 October
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Best of Ekurhuleni – Best Law Firm 2021 – Hammond Pole Attorneys

Posted by Hammond Pole
in Hammond Pole Blog
best law firm of ekurhuleni 2021

  The results are in. Hammond Pole Attorneys has been announced as the Best Law Firm in the Best of Ekurhuleni Readers’ Choice Awards 2021. This is the fourth time the company has won this prestigious award, having won it three years in a row in 2017, 2018 and 2019, firmly establishing it as a favourite in the local community.     The Awards, which gives the residents of Ekurhuleni the chance to vote for their preferred local businesses and organisations, has been running since 2015 (no awards took place in 2020 due to COVID-19) and is an indicator of the best the East...

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18 October
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Voetstoots Clause – What you need to know

Posted by Hammond Pole
in Conveyancing, Property Law
voetstoots blog header

The seller has a duty to disclose, and the purchaser has a duty to inspect. When selling or purchasing a property, clients are presented with the Voetstoots clause in every sale agreement. The clause essentially encompasses that the seller will not be held liable for any latent or patent defects at the property and that the purchaser is purchasing “As is, or as it stands.”  It is very important to know how to handle the topic of defects. Let’s start by differentiating between the two: Latent Defects are faults that are not immediately detected through reasonable inspection and include: a leaking pool,...

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22 September
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Conveyancing Made Easy

Posted by Hammond Pole
in Conveyancing, Know The Law
conveyancing made easy

Blog article by: Brendan Michie – Director at Hammond Pole Attorneys. Buying a property can sometimes be a cumbersome process and before you can settle into your new home, there are contracts, lawyers, and procedures that need to be dealt with. As a law firm we regularly get questions about conveyancing, how it works and why you need us. I trust the following will make this part of the home buying process just that much easier. What is a conveyancer? A conveyancing attorney is one of the most important entities in the home-buying process. The conveyancer attends to almost all property related transactions...

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15 September
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Don’t hesitate, draft your will today!

Posted by Hammond Pole
in Family Law
Wills Blog

Many people believe having a last will and testament is unnecessary and that when they pass away there won’t be any issues and that they are too busy living to stress about death. But death does not discriminate, it doesn’t care about your busy schedule, and could happen when you least expect it, leaving your loved ones left behind to deal with your personal affairs. Before you decide not to have a will, please keep the following misconceptions and myths in mind: I don’t have any immovable property or a vehicle Our Law requires that all deaths and estates are to be...

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08 September
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Can foreigners own property in South Africa?

Posted by Hammond Pole
in Conveyancing
foreigns owning property

Investing in a property can be a very daunting experience, and as such we would always recommend that any foreigner who would like to purchase a property contact an attorney or a reputable estate agency to seek ethical and professional advice. The facts of every matter will invariably differ on a case-by-case basis, and it is therefore crucial that proper legal advice is sought. A foreigner does not only include a natural person (like you or me as individuals) but includes a foreign company and trust as well. It should be kept in mind that should a foreign company or trust...

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