Intellectual Property is also an Asset
Intellectual Property is also an Asset
Lease Clauses That Can Make or Break Your Investment
By Liad Hadar – Director
This article first appeared in Asset Magazine’s May 2025 edition
In the world of property investments, leases are often viewed as routine paperwork – standard templates to be slightly tweaked for each tenant. Yet, as any seasoned landlord or managing agent will tell you
Rouwkoop vs. Non-Refundable Deposits
By Liad Hadar – Director
This article first appeared in Asset Magazine’s March 2025 edition
In the world of property sales, sellers often grapple with the risk of purchasers breaching or entirely withdrawing from a sale despite the conclusion of an agreement.
The Continued Unchecked Power of Municipalities
By Liad Hadar – Director
This article first appeared in Asset Magazine’s February 2025 edition
In previous articles, Municipal Shock and Unravelling the Chaos, I highlighted the pervasive billing crises faced by property owners due to the City of Johannesburg’s administrative inefficiencies and heavy-handed collection tactics.
The 2024 Year in Real Estate: Wins, Challenges, and Opportunities
By Liad Hadar – Director
This article first appeared in Asset Magazine’s December 2024/January 2025 edition
As 2024 draws to a close, the South African real estate market presents a fascinating mix of triumphs, obstacles and emerging opportunities.
The Trusted Advisor
By Liad Hadar – Director
This article first appeared in Asset Magazine’s November 2024 edition
It was not so long ago that lawyers were seen as the ultimate trusted confidants of businesses – comparable to the consigliere figure famously portrayed in history and fiction
A Transformative Experience at Harvard Law School
By Liad Hadar – Director
This article first appeared in Asset Magazine’s October 2024 edition
As a lawyer and the founder of Hadar Incorporated – Property Law Specialists, I’ve always been driven by a commitment to excellence and a desire to push the boundaries
Huur Gaat Voor Koop: Navigating Property Purchases with Existing Tenants
By Liad Hadar – Director
This article first appeared in Asset Magazine’s September 2024 edition
The Dutch legal principle “Huur Gaat Voor Koop” roughly translates to “the lease takes precedence over the sale” and is a significant doctrine in property law that property owners
The Roles of Attorneys and Advocates in the South African Legal System
By Liad Hadar – Director
This article first appeared in Asset Magazine’s August 2024 edition
A new client recently approached us for assistance in a matter which effectively required a second opinion. Having carefully considered the draft prepared
Piercing the Corporate Veil
By Liad Hadar – Director
This article first appeared in Asset Magazine’s July 2024 edition
In an ideal world, landlords sign lease agreements with tenant companies with deeds of suretyships or guarantees from directors or shareholders of the tenant.
The South African Court System
By Liad Hadar – Director
This article first appeared in Asset Magazine’s June 2024 edition
The South African court system plays a vital role in ensuring justice and upholding property rights. While property owners might encounter delays and procedural issues
The Crucial Role of Communication in the Legal Profession
By Liad Hadar – Director
This article first appeared in Asset Magazine’s May 2024 edition
Whilst many look to professionals for their unique skillsets and problem-solving abilities, it is often the less enchanting skill of effective communication that is underappreciated
The Role of Competition Law and the Competition Commission in Property Transactions
By Liad Hadar – Director
This article first appeared in Asset Magazine’s April 2024 edition
I recently had the great privilege of assisting clients in a disposal/acquisition of a property asset for R140 million. As a result, my team and I assisted in preparing the required
My Journey into Law – Driven by Compassion and Accountability
By Liad Hadar – Director
This article first appeared in Asset Magazine’s March 2024 edition
In the intricate tapestry of professional life, choices often bear profound consequences. For me, the decision on how to conduct myself as a lawyer was not just a path
Unravelling the Chaos – a Case Study on the City of Johannesburg’s Billing System Woes
By Liad Hadar – Director
This article first appeared in Asset Magazine’s February 2024 edition
The City of Johannesburg, like many municipal entities, has faced criticism and legal challenges regarding its billing systems. I’ve previously written about this in my article
Navigating the Uncertain Waters of Litigation
By Liad Hadar – Director
This article first appeared in Asset Magazine’s December 2023 edition
In the complex world of property management, landlords unfortunately often find themselves entangled in legal battles that necessitate the use of litigation
Purchasing Property as a Going Concern
By Liad Hadar – Director
This article first appeared in Asset Magazine’s November 2023 edition
In the realm of property transactions, smart purchasers are always on the lookout for opportunities to maximize returns and minimize costs. One avenue to explore
Embracing South Africa’s Potential
By Liad Hadar – Director
This article first appeared in Asset Magazine’s October 2023 edition
In the heart of South Africa, a country brimming with diversity and promise, I find myself reflecting on a journey that began when I was just five years old.
Why Specialists Offer More Value
By Liad Hadar – Director
This article first appeared in Asset Magazine’s September 2023 edition
In a rapidly evolving world, the age-old debate between generalists and specialists remains more relevant than ever.
Especially in sectors where accuracy, nuance, and expertise
Prospects of Success versus Prospects of Recovery
By Liad Hadar – Director
This article first appeared in Asset Magazine’s August 2023 edition
In the realm of legal action, two concepts often intertwine but must be clearly distinguished – Prospects of Success and Prospects of Recovery. Both are essential to landlords
Taking Action against Tenants in Financial Distress
By Liad Hadar – Director
This article first appeared in Asset Magazine’s July 2023 edition
Dealing with tenants in financial distress is a scenario every landlord hopes to avoid, yet it remains a reality in the ebb and flow of economic cycles. The recent South African Post Office
Subletting and Assigning – Potential Solutions for the Commercial Property Sector
By Liad Hadar – Director
This article first appeared in Asset Magazine’s June 2023 edition
It is no secret that landlords and tenants need to be more dynamic than ever in the current property market.
The commercial property space is potentially the most vulnerable
How to Leverage Your Position when a Tenant Absconds
By Liad Hadar – Director
This article first appeared in Asset Magazine’s May 2023 edition
The property market is a busy industry, with many landlords investing in properties to generate a steady income. In a perfect world, this steady income directly results from a tenant
Mediation in Property Law: Resolving Disputes Effectively and Efficiently
By Liad Hadar – Director
This article first appeared in Asset Magazine’s April 2023 edition
The business of property involves a multitude of transactions, from the process of buying or leasing property, entering into shareholders agreements or other contractual agreements
Collecting on a Court Judgment: How to Turn a Win into a Payout – Part 2
By Farah Einstein – Senior Associate and Nadia Shaik – Associate
This article first appeared in Asset Magazine’s March 2023 edition
In our previous article, we explained that obtaining a court judgment is only the first step towards recovering the full value of a debt. We must not however overlook
Collecting on a Court Judgment: How to Turn a Win into a Payout – Part 1
By Farah Einstein – Senior Associate and Nadia Shaik – Associate
This article first appeared in Asset Magazine’s February 2023 edition
Most landlords have likely experienced the frustration of having a debtor owe them money but not simply not paying. As a result, the landlord may have even taken the steps
Exclusivity in Retail Lease Agreements: The Facts
By Geraldine Southern – Director
This article first appeared in Asset Magazine’s December 2022 edition
In South Africa, it has long been common practice for certain dominant retail tenants to insist on an exclusivity clause when entering into a lease agreement
Zoning Rights: Why Proper Training is Essential for Leasing Agents
By Liad Hadar – Director
This article first appeared in Asset Magazine’s November 2022 edition
In this article, we assess some of the considerations around commercial zoning rights, and why proper training of leasing agents is essential
Preparing for Financial Year End: Specialist Legal Input
By Liad Hadar – Director
This article first appeared in Asset Magazine’s October 2022 edition
The onset of financial year end is often a flurry of preparation; and should not be limited to the financial department. Property owners, asset managers and their teams
The Key Components of a Lease Agreement
By Liad Hadar – Director
This article first appeared in Asset Magazine’s August 2022 edition
Through years of experience in drafting lease agreements on behalf of both landlords and tenants, and negotiating to seal the deal, I’ve observed
Utilities Disconnections: A Playbook for Landlords
By Liad Hadar – Director
This article first appeared in Asset Magazine’s September 2022 edition
Practical advice on how to handle tenant utility non-payments. Any landlord or managing agent almost certainly knows how frustrating and expensive it can be
How Business Rescue Proceedings Can Affect Landlords’ Rights
By Liad Hadar – Director
This article first appeared in Asset Magazine’s July 2022 edition
Hearing the words “business rescue” leaves most feeling downbeat, perhaps fairly so, especially when it comes to its potential effect on a landlord’s rights.
How to Protect Yourself against Defaulting Tenants
By Liad Hadar and Geraldine Southern – Directors
This article addresses spiralling tenant debts: how to prevent them, how to manage them and how to claim against them when the cashflow seemingly doesn’t exist
How to Resolve Incorrect Municipal Bills
By Liad Hadar – Director
This article addresses the all-too-frequent bureaucratic nightmare that is “municipal bill shock” and the correct legal process to follow in the event of incorrect account charges for your commercial property asset.
Private Property Interviews Liad on Tenant’s Reinstatement Obligations
By Liad Hadar – Director
In this interview, Private Property and Liad Hadar discuss the importance of reinstatement – the burden placed on tenants to restore a leased property to its original condition, as well as the upkeep and maintenance of leased premises.
Landlord and Tenant White-boxing Obligations for Leased Commercial Premises
By Liad Hadar – Director
This article concerns the obligations of commercial landlords and tenants regarding the handover and return of leased premises.
This is an interesting and nuanced topic worthy of discussion and clarification.
How to Determine Effective Cause
By Liad Hadar – Director
Few terms evoke stronger feelings than “effective cause” when it comes to transactional property disputes. In a fairly unemotional industry, nothing gets the blood boiling like being denied…
A Note on our Corporate Values
By Liad Hadar – Director
Our values guide everything we do at Hadar Incorporated. They’re so important to us that we consultedbrand development, human capital management and corporate culture experts to engage…
Court finds that Rental Remains Due despite Covid-19 Restrictions
By Geraldine Southern – Senior Associate
In November 2020, our client, landlord of a major shopping centre in Sandton instructed us to claim arrear rental and associated charges of over R2 million which included the months of hard lockdown imposed…
How Landlords can Reduce their Legal Bills: Advice from a Lawyer
By Liad Hadar – Director
Given the widespread financial constraints and risk facing commercial, retail and industrial landlords, Hadar Inc’s director, Liad Hadar, shares 3 practical ways to reduce the legal expenses…
How to Protect & Grow Property Asset Value – Part 3 of 3
The Lag Effect By Liad Hadar – Director
The first two articles in this series dealt with how to identify a good tenant and best practices of managing the landlord-tenant dynamic. In following this advice…
How to Protect & Grow Property Asset Value – Part 2 of 3
Best Practices For Managing Tenants By Liad Hadar – Director
Following part one of this three-part series (May 2021 edition), which covered how to identify a good tenant, this article deals with best practices of managing…
How to Protect & Grow Property Asset Value – Part 1 of 3
How to identify a good tenant By Liad Hadar – Director
The main goal of owning or managing any property is protecting and growing the asset’s value. Whilst this may seem fairly obvious, there is unfortunately no straightforward…
The Landlord-Tenant Relationship Breakdown
By Liad Hadar – Director
Advice from a Hardened Property Litigator I’ve dealt with hundreds, if not thousands, of landlord-tenant disputes. My firm has been entrusted to represent landlords in some of our country’s most technical legal…
The Great Boundary Wall Debate
By Geraldine Southern – Senior Associate
While most of our property law practice involves disputes between landlords and tenants, property buyers and sellers and even municipalities and their constituents, every now and then we are instructed in a…
Law Firm 2.0
By Liad Hadar – Director
Law – one of the oldest and most noble of professions. How has it evolved with the times? When one considers the very origins of the legal profession– its initial purpose was for a good orator to plead a case…
Residential Eviction Misconceptions
By Liad Hadar – Director
“You will never get that tenant out!” “The Law only protects the tenant, the landlord receives no help” “Lock out the tenant – it’s the only way” “The residential eviction process can take years” “It will cost…
Rental Law Q&A
By Liad Hadar – Director
In response to our article Fin24 Money Clinic article that was run on 17 June 2020 – Am I liable to pay rent for a flat I’m not yet occupying? Click here to read more. Reader question: I have a problem and need information according…














































