Conveyancing and Property law

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Multiple Offers

Multiple Offers – Can the Seller cancel an Offer to Purchase upon receiving a better offer?

Introduction In South Africa, the transfer of Immoveable Property is governed and regulated by legislation to ensure that all Parties to a transaction are protected. In terms of Section 2 of the Alienation of Land Act No. 68 of 1981, as amended, no alienation of land shall be of any force and effect unless it […]

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neighbour

Neighbour law: what constitutes a nuisance

Introduction Today one often hears of complaints of nuisances to one’s property whether residential or commercial. However, what exactly does the law recognize as a nuisance, and what are the possible remedies available? This article will briefly explore what constitutes a nuisance and the requirements. Definition A nuisance can be defined as any form of […]

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Lost or Destroyed Title Deeds

Lost or Destroyed Title Deeds – Amendment to Regulation 68(1) of The Deeds Registries Act 47 of 1937

  Introduction  The question of whether an individual can dispose of their Immoveable Property if they are no longer in possession of the original Title Deed was briefly discussed in my article published on the 14th of January 2019 If a Title Deed has been lost or destroyed due to circumstances beyond control, Regulation 68(1) […]

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Lease Agreement

Lease Agreement- must Lessees vacate a property once it is sold?

Introduction Depending on one’s financial situation and preferred style of living, leasing a property can have its advantages. There are tremendous financial benefits to leasing as opposed to buying a property of your own, but often times Lessees neglect to enquire about their legal position and rights should it happen that property is sold while […]

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neighbour

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, […]

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