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January 2024 | Can you use land use laws to close down a neighbour's business?

If you find yourself being driven to distraction by nuisance from a neighbour’s business operation, and if all your efforts to find a peaceful compromise have come to nought, it’s time to consider going the legal route. That’s never first prize with neighbours, but if they leave you no choice it’s off to court you go.

We discuss the outcomes of two cases involving businesses being conducted by neighbours in breach of the local land use laws. To end off, we’ll share some advice on checking a property’s land use restrictions and zoning before you buy it.

 


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January 2024 NEWSLETTER
Can You Use Land Use Laws to Close Down a Neighbour’s Business?

If you find yourself being driven to distraction by nuisance from a neighbour’s business operation, and if all your efforts to find a peaceful compromise have come to nought, it’s time to consider going the legal route. That’s never first prize with neighbours, but if they leave you no choice it’s off to court you go.

We discuss the outcomes of two cases involving businesses being conducted by neighbours in breach of the local land use laws. To end off, we’ll share some advice on checking a property’s land use restrictions and zoning before you buy it.

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Estate Planning: Remember your Pets!
ArticleImage In planning our estates and drafting our wills, our focus is inevitably on protecting our (human) loved ones. But spare a thought also for your pets. What will become of them when you are no longer around to look after them? We’ll share three ideas for ensuring that they don’t end up needlessly euthanised or consigned to a shelter.

First however we discuss the concept of a “pets’ living will” – similar to your own living will, and equally designed to save your pets from needless distress and suffering.
   
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Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?
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Directors must comply with a long list of onerous duties or risk personal liability for company debts and losses, criminal liability, and declaration as a “delinquent” director – a severe and career-threatening sanction.

Until now, creditors have been unable to apply for offending directors to be declared delinquent even when they have cause to attribute their and other stakeholder losses to director misconduct. That has changed with a recent High Court decision, which we’ll analyse in the context of when creditors can get authority to make such an application and what they must prove to succeed.  
   
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Moonlighting Without Consent is Misconduct – A Firing Offence
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Moonlighting is reportedly common in South Africa, and that seems unlikely to change any time soon. Everyone should therefore take note of a recent Labour Court finding that a highly qualified university lecturer’s decision to take a second full-time job without permission justified her dismissal.

We’ll discuss the facts of the case and the Court’s analysis of what our law has to say on the matter, with a specific focus on when moonlighting is unacceptable and when an employer will be justified in dismissing an offender. We’ll end off with some important practical advice for both employees and employers.
   
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Legal Speak Made Easy
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“Copyright” or “Copywrite”?

Commonly confused, and sometimes incorrectly switched out by spell-checkers, these two terms are pronounced identically but have completely different meanings. “Copyright” is one of our intellectual property legal protections for creators of artistic and creative works. In South Africa it is automatic and doesn’t require registration; but adding a copyright notice with a “©” symbol and the year of creation to your work tells would-be plagiarists that you are serious about protecting your rights.

“Copywrite” on the other hand is what a “copywriter” does – literally, “writes copy”, usually for some form of advertising or other marketing communication.

   

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Have a Healthy, 
Happy and Successful 
2024!
   

 
     Email: info@edalaw.co.za
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Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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