This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

Application:

The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.

When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court ­ in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).

A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.

Property Rights in South Africa:

No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

Property may be expropriated only in terms of law of general application ­for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including ­the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.

For the purposes of this section: ­

The public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and property is not limited to land.

The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.

A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.

No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).

Parliament must enact the legislation referred to in subsection.

Gerald Crawford was born in South Africa, studied electronics, telecommunication, eco-travel and african travel concepts. He taught responsible tourism in South Africa. If you have any questions or comments please e-mail me on. E-mail Address: southafricantravelarticles@12234455.co.za Website Address: http://www.12234455.co.za

Many people believe that if they are filing a real estate lawsuit, any attorney will do. The fact is, in order for you to have the best chances for a successful real estate lawsuit, you need an attorney who is experienced with handling real estate litigation.

“Many clients are unaware of the difficulties involved in real estate cases,” says Philip R. Brown, Hawaii real estate attorney. “Many of the cases I have handled have hinged on my experience and knowledge about real estate in this area.”

Real estate lawsuits can be very difficult, and not every attorney is able to handle real estate cases effectively. Not only can real estate claims involve zoning rules, contracts, and insurance companies, but the rules regarding real estate from state to state and even from county to county. When filing a real estate lawsuit in Hawaii, it is important that you have an experienced Honolulu, Hawaii real estate attorney on your side.

Real estate lawsuits can be filed concerning any number of different circumstances, including:

Experience can mean everything during a real estate claim. Real estate litigation involves many unique laws, and an experienced real estate attorney will have the attention to detail and knowledge of how to handle your real estate claim.

Please click here for more information regarding real estate law in the Honolulu, Hawaii area.

1) What is title insurance? How much does it cost? Should I buy it?

Owner’s title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender’s title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender’s coverage and $3.50 per $1000 for owner’s coverage. Lender’s insurance is required and you are strongly encouraged to purchase owner’s insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner’s insurance is not necessary, please contact one of our attorneys to make an informed decision.

Since one’s home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner’s title policy is that protection.

2) What type of claims are covered by Owner’s Title Insurance?

The owner’s title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.

3) Why do I need an attorney for a closing?

An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title.

4) When do I get my proceeds as a Seller?

The Seller will be given the proceeds from the sale after the deed has been recorded. In our office, we always record the documents the same day if the closing occurs before noon, and within 24 hours of closing in any event, barring weekends and holidays.

5) What happens if the house is not ready for me to move in on the day of closing?

If the house is not in the proper condition to move in at the time of closing, you will need to consult with an attorney. At our firm, if we are handling the closing, we will always strive to help the buyer with the predicament. Options include postponing the time of closing, giving a buyer credit, or escrowing funds from the seller until the property is in the proper condition.

6) Where does the closing take place?

The closing will occur at the attorney’s office for the buyer. Occasionally, the closing may occur at the lender’s office or a real estate agency, but the vast majority close at the attorney’s office.

7) What form of money should I bring to the closing?

Buyers should bring a bank check or certified funds to closing. If one of these options is not available, buyers should make arrangements to wire funds directly to the closing attorney at least one business day prior to the day of closing. If verifiable funds are not present at the time of closing, the recording of the documents will be delayed and the buyer may not be able to move into the new home. Personal checks or cash are acceptable in nominal amounts up to a maximum of $1000.

What other obligations are there as a Seller of property?

The seller is obligated to produce a Smoke Detector and Carbon Monoxide Detector Certificate at the time of closing. To obtain a certificate, the seller or its agent must contact the fire department for the municipality in which the property lies to conduct the inspection.

9) Will I receive a survey of the property at the closing?

No. In Rhode Island, lenders do not require surveys. Unless the buyer requests a survey, no one will physically verify the boundaries of the property. In Massachusetts, a lender may require a plot plan of the property which does not formally locate all of the property boundaries, but it does locate the house in particular vicinity within the boundary lines.

10) Will I receive an appraisal of the property at the closing?

You are always entitled to a copy of the lender’s appraisal if there is a lender involved on your behalf as a buyer. The appraisal is often presented at the closing, or it can be requested in writing.

11) What if my property is in a flood zone?

If the property you are purchasing is in a flood zone as depicted on the government maps, the lender will require you to obtain flood insurance. You should be careful of this whenever the property is near the water as flood insurance is often quite costly.

12) Does a title search or title insurance cover zoning issues?

No. Zoning determinations are completely separate from the title to the property. If you want an attorney to verify the zoning for you, an additional fee would be required.

David Slepkow is a Rhode Island lawyer practicing real estate law, divorce, family law & personal injury. Our firm, Slepkow Slepkow & Associates Inc. has been in existence for 75 years and has done over 30,000 real estate closings. Please goto http://www.slepkowlaw.com for more information or to contact attorney David Slepkow.