Property Law

Whether you are the owner of a Residential Property or a Commercial Property, selling or renting out your property, (and most probably your biggest and most valuable asset) this process should be hassle free. The professional teams at Lacante & Henn Incorporated Attorneys are at your service to assist with, and guide you through every step of a swift transfer to ownership of your property, advising you on any pitfalls along the journey to watch for, from entering into a purchase sale agreement, to final transfer of ownership. Should your Tennant default in paying monthly rental, we will assist you in recovering any outstanding rental monies due including municipal usage accounts and can assist in eviction proceedings.


Other property related services include:


> Drafting of purchase sale agreements, and rental agreements;

> Sectional Title Development Schemes;

> Trusts, and transfer of property to and from trusts;

> Notarial Deeds;

> Transfer of property from deceased estates (i.e. distribution of assets);

> Assisting with your Municipal account queries, whether it is usage,
        or rates and tax queries;

> Rental recoveries, and eviction – Residential Property;

> Rental recoveries, and eviction – Commercial Property;

> Recovery of arrear levies for Sectional Title and full title schemes;

> Assisting the Board of Trustees (Sectional Title Schemes)
        and Body Corporate (Full Title Schemes) of legal advice.


 




Commercial & Civil Litigation

Our attorneys are proactive and relentless in conducting and resolving disputes in the best interest of our clients. We place much emphasis on the need to assist our clients efficiently and as expediently as possible. Our diverse litigation practice serves Lacante Henn’s regular clients, in addition to those who exclusively seek our litigation expertise.

We understand that defending our client's brand and using their resources efficiently is critical; our litigators recognise that, while some of our clients consider litigation to be one of the weapons in their commercial arsenal, many regard it as an expensive and risky necessity. We proactively seek alternative routes to reach a resolution through engaging in less costly alternative dispute resolution mechanisms which in most instances save clients both time and money.

We render professional, quality legal advice across most areas of law, and our team of legal practitioners have particular experience in property, banking, mining, insolvency and debt recovery, road accident fund claims, insurance, forensic services and, tax, including other general commercial fields. We advise clients on the protection of confidential business, technical, scientific and research information.

Other fields of litigation and dispute resolution procedures also include:

    • Family Law Matters, i.e. Divorces, Maintenance Court matters, Settlements agreements;
    • Property related litigation;
    • RAF Claims - Litigation against the road accident fund;
    • Various forms of debt recovery – insolvency, and or law suits against a debtor;
    • Company Law related litigation;


Deceased Estates & Trusts

Death is inevitable and when a loved one passes away, the world, how harsh it may sound, does not wait for us to come to terms with the loss and the change. Mercilessly, it carries us forward in the daily flow – life must go on. We may not want to consider or entertain the idea of dealing with such issues, and the winding-up of the deceased estate. However by law, you are required to have the deceased person’s estate reported to the Master of the High Court, in the jurisdiction where the deceased person usually resided and this needs to be done within six (6) weeks of date of bereavement.

As part of our on-going drive to deliver value to our clients, Lacante & Henn Attorneys have a Law of Succession and Fiduciary Services department providing expert service, whilst remaining sensitive to dealing with the loss of your loved one.

With cutting edge systems and technology at our disposal as well as years of experience in this field of practice, we are able to expedite these matters in a most professional manner in the shortest possible time and providing the necessary sensitivity required during such a difficult time. Core services in this department include:

    • Administration of deceased estates,
    • Estate planning,
    • Drafting of wills,
    • Drafting of and advising on trusts,
    • Administration of Trusts,


Road Accident Fund Claims

The Road Accident Fund was formed to help the victims of road accidents on South African roads. The purpose of the Road Accident Fund is to compensate persons who sustain personal injury and in instances where a death occurs as a result of a road accident the family or relatives of the deceased. When someone succumbs to personal injuries sustained in an accident; family or dependents need to be compensated for their loss of financial support by the breadwinner.

You can claim if:

· You were a passenger in a motor vehicle

· You were a passenger in a taxi

· You were a pedestrian

· You were riding a bicycle

· You were the innocent driver

· Your minor child was injured or killed

· A breadwinner in your family was killed

 
You cannot claim if:

· You were not injured or

· Your breadwinner was not killed

· The accident was all you fault

· The accident was not anyone’s fault.

 

 

 

 

Possible damages that can be recovered from the Road Accident Fund include:

Loss of Earnings: Past loss of earnings suffered from the date of the accident or death to the date of finalization of the claim. Future loss of earnings that might be suffered after finalisation of the claim.

Medical Expenses: Past Medical Expenses already incurred as well as an undertaking in terms of Section 17(4)(a) of the RAF Act whereby the fund undertakes to pay future medical expenses.

General Damages: Compensation for pain, suffering and disfigurement for serious injuries sustained.

Funeral Expenses.

Loss of Support: This is in cases where the breadwinner in the family dies in an accident caused by the negligence of another driver. We will assist you with the merits investigation and render advice on whether you and or your family might/will be successful with a claim against the Road Accident Fund.

CLAIM WITHIN THE FOLLOWING TIME-FRAMES:

The claim must be lodged with the Road Accident Fund within 3 (three) years of the date upon which the collision occurred. Summons must be served within 5 (five) years
of the collision occurring.

Should the above time - limits not be complied with the claimant’s claim will prescribe and he will lose his right to claim compensation. (Certain exceptions are applicable)

The prescription period of a minor’s claim will only start running once he turns 18 years old.

In the case of an unidentified vehicle claim, this must be lodged with the Road Accident Fund within 2 (two) years of the date upon which the claim arose to avoid prescription of the claim.

It is imperative that you make contact with our offices as soon as possible to avoid the possibility of your claim prescribing.

CONTACT US

We will act as your legal representatives and attend to any and all requests made by the RAF. We will further represent you during the legal process of litigation and ensure that the correct team of medical and/or other relevant experts assess the full extent of the damages suffered. We will ensure that you are fully and adequately compensated

We offer a contingency fee agreement (no win no fee) to all personal injury and motor vehicle accident clients as prescribed by the Contingency Fees Act, and we will pay all necessary legal costs required to prove the merits and the quantum of your claim.

We have more than 20 years of experience in the field of personal injury law.

PRE & POST LEGAL RECOVERIES

We have well-skilled, motivated and trained staff, who can deal with both delinquent debtors, as well as client liaison. Our collection agents are productive and maintain relationships with debtors through quality telephone calls, SMS’s, MMS’s, e-mails and letters of demand.

We have many years of experience creating customised collection strategies that work alongside your existing methods of collection.

We are utilising cutting edge technology to automate the professional management of Debt Collection and End-to-End Legal solution, up to and including litigation.

Our aim is to resolve most cases without using the legal process, however if a debtor refuses to pay, the only alternative to ensure successful recuperation of the outstanding debt, is litigation.

Our debt recovery processes are supported by our advance IT systems and infrastructure, which also allow for automated current reporting, regarding all your matters


FAMILY LAW

Our attorneys at Lacante Henn Inc. offer advice and services covering a wide range of Family Law issues. We understanding the extreme stress our clients are often under due to the sensitive nature of such personal matters.

Services Include:

    • Ante-nuptial agreements;
    • Family Litigation; Divorces, proceedings related to care/custody and contact of children;
    • Settlement agreements;
    • Parenting plans;
    • Maintenance proceedings;
    • Legal proceedings related to domestic violence; rights of unmarried fathers;
    • Post-divorce matters including child relocation, and
    • Co-habitation agreements.

INSOLVENCY LAW

    • The voluntary winding up of companies
    • Applications for sequestration of trusts and individuals (voluntary and compulsory)
    • Applications to liquidate companies and close corporations
    • Cross-border insolvency
    • Insolvency enquiries
    • Insolvency related litigation matters
    • Liability of directors and other ancillary issues
    • Offers of compromise
    • Proof of claims
       

BUSINESS RESCUE

One of the major reforms of the South African company law in recent years has been the introduction of business rescue. It has replaced judicial management as a means of rehabilitating financially distressed companies by restructuring the organisation to enable it to operate successfully in the future.

In its broad definition, a company is deemed to be financially distressed when it appears that the company is reasonably unlikely to be able to pay all its debts as they become due.

The underlying objective of business rescue is to avoid the liquidation of commercially viable entities, as the preservation of a company is preferable to liquidating it.

Lacante Henn Inc has the expertise to advise financially distressed entities on the business rescue process and its effect on legal proceedings, property interests and employment contracts.

We are equipped to assist creditors in finding a solution appropriate to their unique circumstances, as well as advising creditors of the consequences which business rescue proceedings have on their claims, in order to promote creditors’ rights and interests and ensure maximising creditors’ returns.

We assist clients with Business Rescue proceedings, and restructuring advice.


COMMERCIAL AND CORPORATE LAW

Our commercial law team can assist with the drafting of contracts, advice on implementation and termination of contracts, general legal advice and services in regard to specific facts, and issues involving commercial law, insolvency law, banking law, constitutional law and administrative law.

We also register companies and trusts and conduct company and close corporation and trust searches.

We are well positioned in Pretoria to provide these services, being in daily contact with the Companies Office, and the Master’s office and being able to address any queries in person with the Registrar or the relevant Assistant Registrar


MINING LAW

Mineral resources play a key role in South Africa’s economy. Lacante Henn Inc can assist with a variety of legal services relating to the mining industry.

These services include:

    • Advising on and structuring transactions involving mineral rights;
    • Drafting agreements relating to the conversion, acquisition and disposal of mining rights & titles;
    • Advising / obtaining any consent required in terms of the MPRDA and other environmental statutes;
    • Advising on beneficiation and royalty issues;

EMPLOYMENT LAW

Labour law governs the relationship between employers, employees, trade unions and the government.

We understand that compliance with labour law is a crucial element of any efficient business. It is therefore our aim to provide legal assistance to both ends of the employment spectrum, and the necessary advice, tools and documents to set up and maintain a healthy relationship with your employer/employee

    • Employment agreements
    • Fixed term employment agreements
    • Internal Policies, and Procedures
    • Warning Notices and Suspension Notices
    • Restraint of trade agreements
    • Disciplinary Hearings
    • Review of CCMA rewards/rulings
    • Representation at the Labour Court
CONTRACTS:

Drafting of legal binding contracts. As employer you want to safeguard your business, while as an Employee, you need to be certain that you don’t find yourself suddenly unemployed. We can assist with:

•             Employment agreements
•             Fixed term employment agreements
•             Internal Policies, and Procedures
•             Warning Notices and Suspension Notices
•             Restraint of trade agreements

CCMA:

The CCMA provide an informal process where you and the other parties involved may try to settle your dispute in a friendly manner, which is handled in the form of a trial. During such a trial we can assist you with:

•             Disciplinary Hearings
•             Review of CCMA rewards/rulings
•             Representation at the Labour Court

LABOUR COURT:

We can assist you with all Labour Court matters including appealing a CCMA decision where the Labour Court has the power to overrule CCMA decisions.

RETRENCHMENTS:

When you are in a position where you cannot afford excess employees of your business is running at a loss due to excess employees you have the right to follow a retrenchment process.

We are equipped to guide you through a legal and fair process by following the correct procedures in order to ensure that all alternatives to dismissal are explored and that the Employees to be dismissed are treated fairly in terms of Labour Law.

RESTRAINT OF TRADE:

Restraint of trade clauses in employment contracts are there to prevent employees from exploitation and/ abuse of the employer.

We can assist Restraint of Trade clauses in Labour Contracts to prevent employees from conducting their own businesses in the same industry as you, using your resources and/ or selling their skills to other companies while still in your service.

You can also prevent current employees from taking your trade secrets after resignation. A Restraint of Trade will also prevent employees from working for other employers (Competitors) for a limited time.


LANDLORD AND TENANT LAW: COMMERCIAL AND RESIDENTIAL

The firm also specializes in the law of Landlord and Tenant, in the Commercial and Residential market. We can assist you with the following:

    • High Court and Magistrates’ Court litigation between Landlords and Tenants,
    • Recovery of arrear rental and municipal usage
    • Applications for eviction
    • Section 32 applications for attachment of assets to secure the outstanding rental amount
    • The conduct of trials
    • The analysis of lease agreements, and advice on these agreements to minimise risk
    • Opinions on lease agreements
    • Negotiation of settlements in disputes between Landlords and Tenants