Conveyancing and Property law

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Title Deed

Can you dispose of your Immoveable Property if you are no longer in possession of the original Title Deed?

Introduction In South Africa, Immoveable property may not be transferred to another party unless the original Title Deed is lodged with the Registrar of Deeds.Now what happens if the Title Deed has been lost or destroyed due to circumstances beyond control? In terms of Regulation 68(1) of the Deeds Registries Act 47 of 1937, the […]

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Stokvels

Airbnb: subleasing of property and the implications thereof

Introduction The online hosting platform Airbnb has fast become a lucrative source of additional income for many families both in Cape Town and in South Africa in general. However, an increase in regulation in many cities around the world, and no clear position on the matter in South African law has made several Homeowners and […]

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purchasing immovable property

Quick Tips for ensuring a smooth and timeous Property Transfer

Introduction Today, more and more people are purchasing immovable property in South Africa. The transfer process, from acceptance of the offer to registration, should roughly take three to four months depending on the terms and conditions on the Sale Agreement or alternatively the type of sale. No transfer can be lodged in the Deeds Office until all […]

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mortgage debt

The Given Nkwane Case – Can the Bank sell your home to recover Mortgage Debt?

Today, most people cannot afford to purchase Immoveable Property (hereinafter referred to as “property”) without applying for a home loan to a bank and/or financial institution. If the purchase of the property is subject to mortgage bond approval, it allows the Purchaser to apply for a home loan by using the property as security. The […]

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mortgage debt

Courts will now decide how to handle Home Repossessions!

In April this year, former public protector Thuli Madonsela highlighted the injustice of selling properties for a fraction of their market worth, after the Pretoria High Court decided it was legal for Standard Bank to sell a R470 000 house for R40 000 to recover a mortgage debt. A landmark case to decide how banks should deal with […]

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