Municipalities cannot hold you liable for old property debt

If you buy a property that has a municipal-related debt to it – incurred by the previous owner – you cannot be held responsible for paying it.

This was the precedent-setting ruling by Judge Dawie Fourie at the North Gauteng High Court in Pretoria on Monday, clarifying a long drawn-out battle between buyers of residential properties and local municipalities.

The court ruled that the practice by the City of Tshwane and Ekurhuleni, in holding new owners liable for the payment of historical debt amassed by a previous owner, is constitutionally invalid

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