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?? Property Transfer ≠ Ownership? A Recent Court Ruling Explains Why ?? In a recent case, the South African courts reminded us that transferring property doesn't always mean you own it. The ruling in Melelwe v Songca and Others sheds light on key legal principles that can impact anyone dealing with deceased estates or property transactions. Executors, property buyers, and sellers—don’t miss these valuable lessons! #PropertyLaw #EstatePlanning #ExecutorsDuties #DeceasedEstates #RealEstate #LegalInsights

Property Hacks | Meumann White Attorneys ? A property sale agreement becomes binding upon fulfilment of the suspensive conditions of sale. To avoid conflict, ensure that all terms are clearly recorded in the agreement. ? #meumannwhite #lawmatters #propertyhack #saleagreement #kznlawfirm #propertypractitioner #estateagent #propertysale

How do I make a claim for property misrepresentation? Find out more as Joanne Ellis provides guidance on what misrepresentation is and the steps involved in navigating a claim: https://ow.ly/YbfW50RoTni #Misrepresentation #PropertyDisputes #DisputeResolution

How do I make a claim for property misrepresentation? Find out more as Joanne Ellis provides guidance on what misrepresentation is and the steps involved in navigating a claim: https://ow.ly/YbfW50RoTni #Misrepresentation #PropertyDisputes #DisputeResolution

Another great blog from our Dispute Resolution team who are very experienced in property disputes and management issues. Lawyer Leopoldine Mineo writes about Vesting Orders which allow the transfer of property ownership from one party to another where there is an absent freeholder ?? https://lnkd.in/eCeMHn4H There are an estimated 4.98m leasehold homes in England so we hope this is useful information for many property owners. #DisputeResolutionLaw #VestingOrder #AbsentFreeholder #LeaseholdProperty

The Supreme Court recently clarified that when seeking specific performance of a property sale agreement, the plaintiff must ensure all necessary consents are obtained, especially if the property is jointly owned. In this case, the plaintiff relied on two co-owners to secure their sisters' consent, who held a significant share but took no direct steps to involve them. The Court emphasized that failing to actively secure participation and fulfill contractual obligations undermines the plaintiff's readiness to perform the contract. As a result, the Court ruled against the plaintiff, setting aside the High Court's decision. https://lnkd.in/gc9Kf8MS #RealEstateLaw #PropertyLaw #ContractLaw #SupremeCourt #SpecificPerformance #PropertySaleAgreement #JointOwnership

I’m sure you have heard the term “adverse possession.”?So, what is adverse possession??Very simply put, adverse possession is a way by which trespassers can acquire property if owners fail to object within a certain time period. In order to successfully adversely possess the land of another, the trespasser’s possession must be (1) open/public; (2) continuous; (3) exclusive; (4) uninterrupted for 20 years (or 7 years if the trespasser has “color of title” – this just means some legal document to support the trespasser’s right to occupy the land); (5) peaceable; and (6) accompanied by a claim of right/an assertion that the property is theirs. The theory of adverse possession is governed by statute (O.C.G.A. 44-5-161 et seq.) and case law.?Case law has ensured that the burden of proof is high for proving adverse possession.?In order to bolster their credibility, trespassers should be prepared to show that they made some improvement to the property, or that they used, enclosed, or occupied the property in a way that is “so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another.”? Courts also prefer trespassers who have possessed the property in good faith, rather than those who have fraudulently attempted to take property from a rightful owner. So, what should you do if you are worried about a potential adverse possession claim? 1.?????Monitor your property. 2.?????Protect your boundary lines. 3.?????If you spot a trespasser encroaching on your property, request that the trespasser remove any encroachments and structures.?If the trespass continues, consider seeking legal help, as there are many different legal avenues that can help declare ownership (i.e., declaratory judgments, quiet title actions, etc.). If you have any questions about adverse possession or color of title, certainly consider consulting an attorney, as there are many nuances in the statute and case law that could affect your property rights.

As a property owner, it’s crucial to understand how to resolve any mechanic’s liens involving your property, promptly and effectively. Learn how to avoid disruptions of planned transactions and potential severe legal actions involving your property—including foreclosure—at the link.

A deed is a legal document that serves as evidence of ownership or transfer of property from one party to another. It outlines the specifics of the transaction, including the names of the buyer and seller, a description of the property, and any conditions or restrictions associated with the transfer. One signed and recored, the deed legally transfers ownership rights from the seller to the buyer. What type of property deed your property possesses? Suzanne Hollander Esq. CRE? https://lnkd.in/eCV7b7dV.

Our Property Litigation solicitors discuss break clauses, the consequences of not correctly implementing a break, and how you can avoid these pitfalls. https://ow.ly/tLUw50Sf9Q9 #propertylitigation #breakclauses