Half Share Transfers

Frequently, relationships or circumstances between co-owners of immovable property change over time and a transfer is required to either transfer a half share to a third party or to the other existing half share owner.

Latent Defects Vs the Voetstoets Clause

Understanding the Voetstoets Clause and the sellers obligation for disclosure.

Capital Gains Tax

A capital gain is the increase in a capital asset's value and is realized when the asset is sold. They may apply to any type of asset, including investments and those purchased for personal use.

Validity of electronic signatures in sale of immovable property

Electronic signatures have become the norm in our new digital error, streamlining processes and concluding transactions in our day to day lives with more convenience. The question however arises whether a contract relating to the sale of immovable property would be valid if signed by way of an electronic signature.

Do you want to consolidate your properties?

Consolidation of property involves combining two or more properties into a single larger property. Consolidation serves as a powerful tool for property owners seeking to optimize their land value and/or create development opportunities.

Divorce and Property

Division of property on dissolution of a marriage can be a challenge, particularly when you do not understand the patrimonial consequences of your marriage regime.

Donating immovable property

When donating property, it is important to understand what the transaction entails in terms of costs.

Do you have an existing bond on the property you intend on selling?

In order to transfer immovable property, any existing bonds registered thereon will need to be cancelled.

Companies Vs Trusts: Which to choose?

So, you are thinking about investing in property but can’t decide whether you should start a company or a trust. We have compiled a list of information to help you decide on the best solution for you.

Thinking of going solar, but live in a Sectional Title?

Due to the electricity crisis in South Africa, most home owners are now looking at alternative electricity solutions. As an owner of a sectional title unit, you most probably starting to question whether or not you may install solar panels in your sectional title unit.

Do you have the legal authority to act?

It is of high importance to ensure that you have the legal authority to act on another person’s behalf before doing so.

Gas compliance certificates go digital

Due to the increase in certification-related fraud, gas practitioners will now be issuing digital gas compliance certificates.

Can a minor own immovable property?

In terms of the Children’s Act, No. 38 if 2005, a minor is defined as a person under the age of 18 years. In South Africa a minor may not enter into a contract without the consent of a legal guardian or parent.

What makes an Offer to Purchase valid?

Sales contracts can be intimidating when you are not sure what needs to go into an offer to make it valid. Below we have summarized a few points which effect the validity of an offer to purchase.

When is VAT applicable on the sale of property?

VAT is a tax levied on the supply of goods or services by a VAT vendor and is paid by the Seller to SARS at 15% of the purchase price. The purchase price is VAT inclusive unless stated otherwise in the offer to purchase.

What to do when a family member passes away

Most people have no idea what procedure to follow after a loved one has passed away. This step-by-step guide will help in assisting you in reporting the death to administration of the estates.

Understanding the workflow of the Deeds Registry

The Deeds Registry is an entity of the Department of Rural Development and Land Reform. There are 11 deeds registries located in nine different provinces and are overseen by the Office of the Chief Registrar of Deeds.

Pledge

A pledge is a limited real right to corporeal or incorporeal movable property, of which is put in the possession of the creditor to secure a principal debt.

Notarial Bonds (Special and General)

In terms of Section 102 of the Deeds Registries Act, a notarial bond is a bond which hypothecates either all movable assets (general notarial bond) or specific movable assets (special notarial bond).

Pending changes on marriages out of Community excluding Accrual

According to a new High Court ruling the current dispensation of the “redistribution order” has been called into question regarding its Constitutional validity.

The Property Practitioners Act

The Property Practitioners Act has been composed to protect consumers in the property industry.

POPI Act

The purpose of the Protection of Personal Information Act 2013 (the Act), is to protect the personal information of individuals which they have supplied to Institutions/responsible parties, and to ensure that this information is only used for the purpose that it was supplied.

Who is responsible for what in the Conveyancing process?

A short explanation on who is responsible for the different steps and fees in the Conveyancing process. Subject to conditions in signed Offer to Purchase.

Rates Clearance Certificate

A rates clearance certificate is a document issued by the City Council in terms of Section 118 of the Municipal Ordinance. These amounts are due and payable prior to registration of the transfer.

What is Transfer Duty?

Transfer Duty is a tax levied on the value of any property acquired by any person by way of a sales transaction or in any other way.

7 Reasons to have a will

Why is it important to have a will? Keep your loved ones safe after your death.

Planning on leaving South Africa?

If you own property in South Africa and plan on leaving temporarily or indefinitely, it might be necessary for you to give someone you trust authorization to act on your behalf for the sale of your property.

The process to obtain the replacement of your lost title deed is changing soon

From 1 January 2020, there will be additional steps in the procedure of obtaining a replacement for your lost title deed.