Conveyancing and Property law

One of the fields we specialise in, is Conveyancing and Property law.

In terms of Conveyancing:

We pride ourselves in guiding clients through the process of transferring ownership of any immovable property (real estate), every step of the way.

We feel it is important for property owners to know and understand the property transfer and conveyancing process (as early as possible) and have enough relevant information at their disposal to make informed decisions.

Did you know?

  1. The seller has the right to select the conveyancer who will be dealing with the transfer of his/her property transfer once the property has been sold,
  2. Even though the seller appoints the conveyancer, the transfer costs are paid for by the purchaser (if the seller is liable for any costs, it is minimal in comparison to the purchaser’s bill), and
  3. As a seller, electing an experienced conveyancer who communicates progress promptly, will not cost you an “arm and a leg”.

In addition, we can advise clients on any Property law or related matter including:

  • general compliance before buying or selling a property
  • sale transfers / estate transfers / donation transfers / divorce transfers / etc.
  • the state of or remedy required in building compliance
  • the extent and limitations of real rights and limited real rights in property
  • sectional title schemes and their management
  • property rights, the enforcement thereof or resolving property related disputes
Rates for Conveyancing

Should you require a quote, please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R900 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:

 

deposit

Jordaan And Others V City Of Tshwane Metropolitan Municipality And Others – Municipalities can no longer charge new owners for the debts of previous owners

On 29 August 2017, the Constitutional Court handed down judgment in an application for confirmation of an order by the High Court in Pretoria. The issue to be decided, was the meaning and constitutional validity of Section 118(3) of the Local Governmen …

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Property law in South Africa : Voetstoots rehashed – what about building plans?

In terms of property law in South Africa, many disputes have arisen from the fact that purchasers and sellers of properties do not understand what the voetstoots clause actually means. To buy “voetstoots”, means that the buyer is buying the property “a …

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deposit

What happens to my deposit paid for the lease of a residential property?

It is general practice for landlords to request a deposit from their tenants before they move into a property – usually equal to 1 or 2 months’ rent.  This deposit is required to enable the landlord to rectify any damage to the property or to provide f …

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Sale of Property: Compliance Certificates

When immovable property is in the process of being sold, there are certain compliance certificates that are necessary to obtain before the transfer can be registered. Some of these certificates are obligatory in terms of legislation, depending on the p …

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sale in execution

The effect of a sale in execution for a deregistered close corporation

Immovable property has become a sought after asset in the debt recovery process. An applicant (the person who the money is owed to) may apply to the court for a Warrant of Execution (also called a Writ for short) after a judgment has been granted again …

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Municipality’s rates policy in respect of future rates

In the recent ruling of Nelson Mandela Bay Municipality v Amber Mountain Investments, the Supreme Court of Appeal (“SCA”) addressed the question of whether the seller of immovable property could be held liable for the advance payment of the full annual …

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offer to purchase

Can I cancel an offer to purchase – who is liable and for what?

In South Africa, the transfer of immovable property is governed and regulated by legislation in order to protect all parties to the transaction. In terms of Section 2 of the Alienation of Land Act No. 68 of 1981, no alienation of land shall be of any f …

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Sectional Title schemes: How the management has changed

The new Sectional Title Schemes Management Act No. 8 of 2011 (the “STSMA”) came into operation on 7 October 2016. This Act, in essence, has taken all the management, governance and rules as provided in the Sectional Titles Act No. 95 of 1986, as amende …

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tax

Withholding tax when dealing with a non-resident seller

Generally speaking, capital gains tax is normally payable on the proceeds of sales of immovable property. However, the enforcement and payment of this have proven problematic, particularly when sales of immovable property concerns non-residents. From t …

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deposit

Circumstances surrounding the deposit when purchasing immovable property

One of the most controversial issues in purchasing an immovable property today is the situation where the sale does not proceed. Does the seller or purchaser have the right to the deposit?  The answer to this question is not that easy or as simple as m …

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Co-ownership of immovable property

These days co-ownership is financially appealing to many people, and has over the years become increasingly popular.  It is a good way to acquire property that you could possibly not have afforded to purchase on your own. Co-ownership is a share or a p …

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Historic Debts – Section 118 (3) of the Municipal Systems Act

In the recent ruling of New Ventures Consulting and Services Livanos and Others vs The City of Tshwane Metropolitan Municipality and Others, the Court again considered the practice of municipalities holding new owners of properties liable for old munic …

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Property Law South Africa: The municipality’s rights in terms of arrear rates – what property owners should know

Recently the interpretation of the Municipal Systems Act 32 of 2000, as amended (the “Act”) brought property law South Africa under the spotlight. Specifically when a controversial judgement was delivered. Since then, a few publications have contribute …

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Property law South Africa: The right of the municipality for arrear rates and services

The decision handed down by the Supreme Court of Appeal in City of Tshwane Metropolitan Municipality v PJ Mitchell (hereinafter “Mitchell”) has turned property law in south Africa and the industry on its head. This judgement relates to the interpretati …

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ONE TWO BUCKLE MY SHOE, THREE FOUR YOU OWE ME MORE… HUH?

Are you selling your home? Holiday Home or flat? Have you paid your municipal rates account in full? There are so many questions that buyer and sellers have regarding the sale and purchase of a property or properties that it cannot be answered in a sin …

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Show me the money… Is there a duty on the seller to return the deposit/transfer duty when a sale is concluded?

Royal Anthem Investments[1], a dispute arose regarding a written agreement of sale concluded by the parties on 1 June 2009. Yuen Fan Lau and Shun Cheng Liang, the first and second respondents respectively, agreed to pay the appellant, Royal Anthem Inve …

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Eviction of a tenant

Evictions in South Africa are regulated by the Prevention of Illegal Evictions from and Unlawful Occupation Act, Act 19 0f 1998 (“PIE” Act). In terms of Section 4 of the Act an application has to be made to court for an order of eviction.

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Are Usufructs Still “Fashionable”?

A usufruct or the right to use and enjoy (together with enjoying the fruits) of the property involved, has for many years been commonly used in the estate planning process. In simple terms, a usufruct is a right of enjoyment, enabling a holder to deriv …

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Holding your conveyancer accountable

The process of selling a house can sometimes be complicated, particularly where the seller of the property has a bond registered over that property and the purchaser will also have a bond registered over the property. But as this case shows, consumers …

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The role of the municipality in eviction proceedings – Ives v Rajah 2012 (2) SA 167 (WCC)

Section 26(3) of the South African Constitution (Act 108 of 1996) provides that “no one may be evicted from their home without an order of court made after consideration of all the relevant circumstances”. To give effect to this provision in the Bill o …

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Rezoning ruling highlights the importance of due diligence

In Maccsand v City of Cape Town (CCT 103/11) [2012] ZACC 7 and Minister for Mineral Resources v Swartland Municipality and Others (CCT 102/11) [2012] ZACC 8 (12 April 2012):   According to the press summary of this Constitutional Court judgement, …

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Suspensive conditions in contracts of sale of immovable property

When a contract is subject to a suspensive condition, the contract comes into effect only if the condition is met. On a practical level, this can entail a future event such as a deposit payment, securing a loan or even conditions such as graduating fro …

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The duties and liability of property management agents – know your rights

Competent property management agents are invaluable in the administration of sectional title schemes and are often the contact point in the relationship between landlord and tenant. Unfortunately, many sectional title body corporates have fallen into f …

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Sectional title levies – does the National Credit Act apply?

The National Credit Act regulates matters surrounding credit agreements in South Africa, while the Sectional Titles Act regulates matters regarding sectional title schemes and their administration. Sectional title levies (general levies) are raised ann …

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Contract of sale of immoveable property

In terms of the law of contract all agreements (contracts), whether reduced to writing, or not (verbal contracts) are equally enforceable in law. However, contracts of sale of immoveable property are one of few contracts that, by law, must be recorded …

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Dispute resolution or prevention in sectional title schemes?

General levies, are based on the annual budget and are raised by the body corporate at the annual general meeting. Thus, general levies are raised with the approval of the body corporate. Special levies, on the other hand, are raised by means of a less …

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