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Articles

40 informative articles across 8 legal practice areas. Use the filter to find your topic.

Rent Increases and Eviction

Lease disputes are among the most commonly encountered real estate matters. Rent increases, eviction notices, and deposit processes each require careful attention.

Rent increases may not exceed the legal limit; the contractual rate is binding
Serving an eviction notice through a notary simplifies later proof
Where the tenant is in default, a formal notice and then an eviction claim follow in sequence
A deposit may not exceed three months' rent
Residential leases renew automatically; the landlord must have specific grounds to terminate

Careful drafting of the lease agreement from the outset substantially reduces the risk of future disputes.

Title Deed Cancellation and Registration

Where a title deed record does not reflect reality, cancellation and re-registration may be sought. These claims involve a technically intensive evidentiary process.

Forged signatures, unauthorised powers of attorney, and sham transactions are common grounds
Where the wrong person appears on the register, the true owner brings the claim
The land registry records are the starting point for every examination
Expert reports and official registry documents are used in cancellation proceedings
Some grounds for cancellation have time limits — delay can be fatal to the claim

Taking early control of the file and assembling complete documentation is decisive in title deed disputes.

Condominium and Service Charge Disputes

The Condominium Act governs the use of common areas, cost sharing, and management rules in apartment buildings and housing estates. Service charge disputes are the most frequent issue.

Unpaid service charges can be enforced with statutory interest through debt proceedings
The management plan determines the management board's powers and cost allocation
Converting or renovating common areas requires unanimous or majority consent
Conduct that damages the value of individual units may attract sanctions
Challenges to management board decisions are brought in the civil court of peace

The management plan and meeting minutes are the primary evidence in service charge and common area disputes.

Sale Promise Agreements

A pre-contract to sell real property must be made before a notary to be valid. Registration of the promise against the title creates priority over later dealings.

A sale promise not made before a notary is null and void
A registered promise has priority over subsequent transfers
Breach of the promise entitles the other party to damages or to seek compulsory title transfer
Promises relating to off-plan units carry higher risk
A five-year limitation period applies

Before entering into a sale promise, the property's title records, legal compliance, and any registered encumbrances should be carefully checked.

Co-ownership and Dissolution

Shared ownership of a single property can create practical difficulties. Where co-owners disagree, a dissolution-of-co-ownership action may be brought.

Any co-owner may request dissolution without the consent of the others
The court first considers physical partition; if impractical, it orders a sale
The terms of any sale are determined by the court
A co-owner may participate in the auction and purchase the property
A co-owner's share can be attached by their creditors

If co-ownership is likely to continue for some time, agreeing a clear usage protocol from the outset reduces the risk of future disputes.

These articles are for general informational purposes only and do not constitute legal advice. Specific disputes should always be evaluated on the facts of the individual file.