Tag Archivesconveyancing
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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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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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 particulars of the property and type of transaction. Types of certificates:  Electrical certificate of compliance: Electrical […]

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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 many sellers, buyers and estate agents wish to believe. In […]

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Further tax bracket for transfer duty announced

In addition to many other changes, the 2016 Budget Speech brought with it an increase on the transfer duty rate. Transfer duty is payable on the sale of fixed property.  The transfer duty rate will increase from 11% to 13% on sales from R 10 000 001.00 and above with effect from 1 March 2016 […]

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