Tag Archivesconveyancing and property law
Property Practitioners Bill

Overview of the Property Practitioners Bill

Introduction The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what […]

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Property Practitioners Bill

Conveyancing: The Electronic Deeds System Explained –

Introduction  During the first quarter of 2018, Parliament’s National Assembly passed the Electronic Deeds Registration Systems Bill (hereinafter referred to as the “Bill”), which was originally published by the Minister of Rural Development and Land Reform on 7 December 2017. The Bill was tabled as far back as 2017 and proposes some significant changes for […]

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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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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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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 Government: Municipal Systems Act 32 of 2000 (hereinafter referred to as the “Act”). This […]

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