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Thank You to The Environmental Laws In South Africa!
Legislative Guidelines

Thank You to The Environmental Laws In South Africa!

Relief in the Overberg as prospecting rights for gold, silver, and tin ore are refused due to non-compliance with environmental laws. A win for conservation and community rights!

December 4, 2024
Empowering Inclusion Through Signatures
Legislative Guidelines

Empowering Inclusion Through Signatures

Signing is vital for autonomy. SA law ensures inclusive ways for persons with disabilities to authenticate documents, from marks to digital solutions.

December 3, 2024
Purchasing Property with Overseas Funds
Legislative Guidelines

Purchasing Property with Overseas Funds

Forex, or foreign exchange, is crucial when buying property with overseas funds. Learn about currency conversion, exchange controls, and key steps to follow.

November 15, 2024
Is a Borehole Certificate Required When Selling Your Property?
Legislative Guidelines

Is a Borehole Certificate Required When Selling Your Property?

Borehole certificates aren’t mandatory when selling property, but sale agreements may require them.

November 1, 2024
Living Wills
Legislative Guidelines

Living Wills

You have signed your last Will and Testament, which deals with your assets and their distribution after your death. But have you given thought to a Living Will?

October 25, 2024
Occupation Certificates: When and How to Get Them
Legislative Guidelines

Occupation Certificates: When and How to Get Them

Property owners need a valid Occupation Certificate. If the sale requires it, sellers must provide it, with conveyancers assisting in obtaining or applying.

October 11, 2024
Property Double Sale: Risk of Loss and Legal Costs
Legislative Guidelines

Property Double Sale: Risk of Loss and Legal Costs

In Mazhazi v Mukuma, a buyer lost ownership and faced legal fees after a resale to bona fide purchasers.

October 4, 2024
Supreme Court Ruling on Evictions
Legislative Guidelines

Supreme Court Ruling on Evictions

The recent Supreme Court decision clarifies ESTA’s application to agricultural land, focusing on legal procedures and "occupier" rights.

September 6, 2024
99-Year Leases over Agricultural Land
Legislative Guidelines

99-Year Leases over Agricultural Land

This article examines the legal impact of 99-year agricultural leases under Section 3(d) of the Subdivision of Agricultural Land Act.

August 15, 2024
Will Expropriation of Land Ever Affect You?
Legislative Guidelines

Will Expropriation of Land Ever Affect You?

After the May elections, land expropriation without compensation sparked debate, leaving homeowners and aspiring buyers concerned. Should we be worried?

August 9, 2024
Muslim Marriages Now Protected by Law
Legislative Guidelines

Muslim Marriages Now Protected by Law

In a landmark decision, the Constitutional Court recognised Muslim marriages, securing legal protection for women and their property rights.

August 2, 2024
Rural or Tribal Trust Land in South Africa
Legislative Guidelines

Rural or Tribal Trust Land in South Africa

In South Africa, you cannot own rural trust land, but you can lease it for specific purposes with permission from the Trust.

June 21, 2024
Applying Asbestos Abatement Regulations to Property Transfers
Legislative Guidelines

Applying Asbestos Abatement Regulations to Property Transfers

In 2020, Asbestos Abatement Regulations aimed to regulate workplace asbestos exposure, prompting questions from property owners and agents about their applicability.

June 7, 2024
Transfer duty and real rights.
Legislative Guidelines

Transfer duty and real rights.

In SA, various costs are involved beyond the purchase price when purchasing property. Let's delve into the intricacies of transfer duty in South Africa.

May 24, 2024
Brave New World and Cybercrime in Conveyancing Practice
Legislative Guidelines

Brave New World and Cybercrime in Conveyancing Practice

In our tech-driven world, businesses thrive but face cyber threats. Conveyancers must protect clients from cybercrime.

May 16, 2024
A glitch in the law?
Legislative Guidelines

A glitch in the law?

An inquiry into the Divorce Act 70 of 1979 raised questions about its constitutionality, specifically regarding exclusions affecting spouses married before & after Nov 1984.

May 3, 2024
Navigating Property Purchase in South Africa: Foreigners' Guide
Legislative Guidelines

Navigating Property Purchase in South Africa: Foreigners' Guide

Can foreigners buy property in SA? This article outlines the necessary documentation, financing options, tax considerations, and key points to remember.

April 19, 2024
Immovable Property: Prescription in a nutshell
Legislative Guidelines

Immovable Property: Prescription in a nutshell

Acquisitive prescription allows acquiring real rights over property through 30 years of uninterrupted possession or use.

April 12, 2024
Unlocking Potential: Vacant Land in South Africa
Legislative Guidelines

Unlocking Potential: Vacant Land in South Africa

In South Africa's diverse landscape, vacant or abandoned land poses opportunities and challenges for communities, municipalities, and potential buyers.

April 5, 2024
The Consequences of Dying…
Legislative Guidelines

The Consequences of Dying…

In life, two certainties exist: death and taxes. While we're aware of the repercussions of tax evasion, do similar consequences apply in death?

March 8, 2024
Power of Attorney: Can it be cancelled?
Legislative Guidelines

Power of Attorney: Can it be cancelled?

Power of Attorney is a versatile legal tool essential for various situations. In this exploration, we delve into its utility and the process of cancelling it when required.

February 23, 2024
Executing Transfer Documents Abroad for Utilisation in South Africa
Legislative Guidelines

Executing Transfer Documents Abroad for Utilisation in South Africa

This article addresses scenarios in property sales where one or both parties are not present in South Africa to sign transfer documents as required by the Conveyancing Attorney.

February 8, 2024
Can a seller claim damages?
Legislative Guidelines

Can a seller claim damages?

The key question was whether a seller could seek damages when selling property at a lower price due to the purchasers' breach of the initial sale agreement.

February 5, 2024
Landlord Responsibility: Addressing Unlawful Tenant Actions
Legislative Guidelines

Landlord Responsibility: Addressing Unlawful Tenant Actions

As a landlord, you may be held accountable for your tenant's unlawful actions on your property if you knew about them and didn't take steps to stop them.

January 11, 2024
Does PIE Apply?
Legislative Guidelines

Does PIE Apply?

While PIE typically applies to residential evictions, exceptions exist. The crucial inquiry revolves around whether student accommodation qualifies as a "home" under PIE.

December 11, 2023
Decoding Section 57: Real Estate Transactions 1937
Legislative Guidelines

Decoding Section 57: Real Estate Transactions 1937

Key in real estate, Section 57 manages debtor substitution under mortgage bonds for transparent property transactions.

December 8, 2023
Transparency in Administrative Actions: The Legal Mandate
Legislative Guidelines

Transparency in Administrative Actions: The Legal Mandate

South African law requires transparency in administrative actions. A recent case underscores the significance of providing reasons for decisions and maintaining fairness.

November 1, 2023
Managing an Estate After a Loved One's Passing.
Legislative Guidelines

Managing an Estate After a Loved One's Passing.

Losing a loved one is hard. This article outlines the key steps for managing their estate, with a focus on the role of the Executor.

October 26, 2023
Executor Seeks Court Approval for Estate Property Sale
Legislative Guidelines

Executor Seeks Court Approval for Estate Property Sale

The executor, needing funds, is pursuing court approval to sell the primary asset. The sole heir's consent is required, but obtaining the Master's approval has proven elusive.

October 12, 2023
Legal Aspects of Urban Squatter Management
Legislative Guidelines

Legal Aspects of Urban Squatter Management

Rising squatter settlements in South African cities concern residents seeking resolution. The PIE Act provides a legal process for eviction, with few exceptions.

October 11, 2023
My Property, My Right
Legislative Guidelines

My Property, My Right

In South Africa, we all have the right to own property. However, there are some restrictions on this right.

September 15, 2023
A closer look: Why should I leave a will?
Legislative Guidelines

A closer look: Why should I leave a will?

This article underscores the importance of a valid will, with insights from an estate administration expert with over 500 managed estates and FISA membership since 2012.

September 12, 2023
No Will, who will inherit my property?
Legislative Guidelines

No Will, who will inherit my property?

When someone passes away without a legal Will, distributing their property and assets can become complex.

September 11, 2023
How to legally purchase or sell an RDP home.
Legislative Guidelines

How to legally purchase or sell an RDP home.

The RDP aims to provide affordable housing for the underprivileged in South Africa. This article covers the legal aspects of buying and selling RDP homes.

August 15, 2023
Caveats and endorsements noted against a property
Legislative Guidelines

Caveats and endorsements noted against a property

Conveyancers play a crucial role in verifying property titles and investigating title caveats. They are also expected to provide clarity on the concept of an interdict.

May 26, 2023
South African Law and the landlord’s right to rental income
Legislative Guidelines

South African Law and the landlord’s right to rental income

Under South African Law, the rights of the landlord/lessor to receive rent from their tenants is adequately protected.

April 26, 2023
Court ruling: Vacant possession
Legislative Guidelines

Court ruling: Vacant possession

This article highlights the voetstoots clause and the importance of prudent legal decisions and attorney selection, with a case illustrating the consequences of poor legal advice and strategy.

April 26, 2023
Who moved my deeds?
Legislative Guidelines

Who moved my deeds?

The e-DRSA will improve deed registration in South Africa by increasing efficiency and accuracy. However, involving key stakeholders, such as the Law Society of South Africa, South African Deeds Registries, and Department of Rural Development and Land Reform, is crucial. The cost and impact on the current paper-based system must also be considered.

March 29, 2023
Environmental Law: Water Rights & Water Pollution in South Africa
Legislative Guidelines

Environmental Law: Water Rights & Water Pollution in South Africa

South Africa is a relatively water-scarce country. The regulation and implementation of water use is therefore very important.

February 27, 2023
Legal rights of homeowners during the repossession process
Legislative Guidelines

Legal rights of homeowners during the repossession process

November 2021, January 2022, September 2022, and November 2022 were pivotal months for many homeowners in South Africa who were forced to revaluate their financial positions with the interest rate increases.

February 2, 2023
2001 FICA and Cash Threshold Reporting
Legislative Guidelines

2001 FICA and Cash Threshold Reporting

When does the reporting obligation arise for an accountable or reporting institution?

November 30, 2022
The advantages of a life right
Legislative Guidelines

The advantages of a life right

The Housing Development Schemes for Retired Persons Act 65 of 1988 introduced life rights as a formal form of ownership for retired people in South Africa. This legislation was implemented not only in response to the growth in the retirement village sector but also to provide legal protection to the elderly.

August 24, 2022
Muslim marriages: A welcome Constitutional Court decision
Legislative Guidelines

Muslim marriages: A welcome Constitutional Court decision

In a long-awaited and groundbreaking decision in the area of family law, the Constitutional Court of South Africa (CC) confirmed the order of constitutional invalidity of the below mentioned Acts, granted by the Supreme Court of Appeal. This decision was confirmed on 28 June 2022.

July 25, 2022
Selling a property without approved building plans
Legislative Guidelines

Selling a property without approved building plans

It’s often the case that a seller would like to sell – and a purchaser would like to buy – a property without approved building plans or an occupation certificate. But what does the law say? In terms of the…

July 25, 2022
Divorce Act and Marital Regime: No Accrual
Legislative Guidelines

Divorce Act and Marital Regime: No Accrual

In this article, we explore the issue of the constitutional validity of section 7(3)(1) of the Divorce Act in respect of marriages entered into after 1 November 1984 and excluding the accrual system.

June 28, 2022
The Money Laundering and Terrorist Financing Report 2022
Legislative Guidelines

The Money Laundering and Terrorist Financing Report 2022

In March 2022, the Financial Intelligence Center (FIC) published a report dealing with the assessment of the inherent money laundering and terrorist financing (MLTF) risks for legal practitioners.

May 27, 2022
The AARTO Act: constitutional or unconstitutional?
Legislative Guidelines

The AARTO Act: constitutional or unconstitutional?

The constitutional validity of the Administrative Adjudication of Road Traffic Offences (AARTO) Act and the Administrative Adjudication of Traffic Offences Amendment (AARTO Amendment) Act was recently challenged in the matter between the Organisation Undoing Tax Abuse (OUTA) v The Minister of Transport and others.

April 28, 2022
Universal Partnerships: what is required?
Legislative Guidelines

Universal Partnerships: what is required?

There is currently no statute in South Africa that regulates the relationships between cohabitees if they are not formally married.

April 28, 2022
CSOS and the courts: where do I take my dispute?
Legislative Guidelines

CSOS and the courts: where do I take my dispute?

Here’s a look at a recent case which dealt with a dispute between the body corporate and residents in a sectional title scheme.

April 28, 2022
The deal collapsed – is the attorney to blame?
Legislative Guidelines

The deal collapsed – is the attorney to blame?

The case of Nienaber N.O. and van den Berg (the plaintiffs) versus Nelson and Kitching Attorneys (the defendants) highlights the criteria of the duty of care a conveyancer should be aware of when providing services to clients. In this case, the plaintiffs instituted action alleging that the defendants owed them a duty of care as conveyancers and acted negligently and in breach of such duty. Let’s take a closer look.

March 30, 2022
Court ruling: Sale of immovable property – Alienation of Land Act
Legislative Guidelines

Court ruling: Sale of immovable property – Alienation of Land Act

In the recent case of Potgieter v Village and others, held at the High Court of South Africa, Northern Cape Division, Kimberly, the applicant applied for an urgent interdict to restrain the first and second respondents from passing transfer of a specific property. The application for the interdict was pending action by the applicant to claim transfer of the property. In this case, both parties to the contract were represented by their attorneys.

March 2, 2022
Can void sale agreements be revived?
Legislative Guidelines

Can void sale agreements be revived?

Formalities are hugely important when it comes to the sale of immovable property, which is governed by the Alienation of Land Act 68 of 1981. The act states that no sale of land is permitted unless it has been put in writing and contained in a deed of sale – also commonly referred to as an Offer to Purchase – signed by all parties involved.

March 2, 2022
Protection at last for black women in marriage
Legislative Guidelines

Protection at last for black women in marriage

In terms of section 22(6) of the Black Administrations Act 38 of 1927 (BAA), all black marriages in South Africa were deemed to be out of community of property – and this default position was perpetuated by the Matrimonial Property Act 88 of 1984. In contrast, the default position for all other races in South African matrimonial law was, and continues to be, in community of property.

January 31, 2022
Court ruling: Customary marriages
Legislative Guidelines

Court ruling: Customary marriages

The validity of customary marriages recently came before the Western Cape High Court in the matter of T Diba vs E Miselo and one other. Central to the case were questions around the validity of the marriage itself as well as whether or not involvement of the family is critical to the recognition of customary marriages.

December 7, 2021
A closer look at section 29 of the FIC Act
Legislative Guidelines

A closer look at section 29 of the FIC Act

In an earlier article on the Financial Intelligence Centre Act (FICA), we explained that the main objective of the Act is to combat money laundering and the financing of terrorist activities. In this article, we’ll continue the discussion in terms of the duty of accountable institutions to report suspicious transactions to the Finance Intelligence Centre (FIC).

November 30, 2021
What is a stipulatio alteri?
Legislative Guidelines

What is a stipulatio alteri?

A stipulatio alteri is a clause that provides rights and benefits to a third party. In case law (Loggenberg NO v Maree (286/17) 2018 ZASCA 24), the typical stipulatio alteri is defined as a contract for the benefit of a third party.

November 30, 2021
The Makuleke Community Land Claims
Legislative Guidelines

The Makuleke Community Land Claims

During the apartheid years, several communities, including the Makuleke community, were forcibly removed from their land in order for it to be assimilated into the Greater Kruger National Park.

October 28, 2021
A closer look at section 28 of the FIC Act
Legislative Guidelines

A closer look at section 28 of the FIC Act

In South Africa, money laundering describes any activity in which money that originates from illegal activity is concealed. To combat this illegal process, South African law has implemented control measures aimed at assisting in its detection and investigation.

October 28, 2021
The concept of control in the juristic world
Legislative Guidelines

The concept of control in the juristic world

Disputes or issues around decision making in a company very often involve the question of control – and it’s likely that the decision maker is the one who controls the company.

September 28, 2021
The importance of a signed OTP
Legislative Guidelines

The importance of a signed OTP

The Alienation of Land Act (ALA) clearly states that the validity of an Offer to Purchase (OTP) depends on the contract for the sale of immovable property being in writing and signed by the concerned parties or their authorised representatives acting on their written instruction. And the importance of signatures on an agreement of sale has once again been highlighted by a recent decision handed down by the Gauteng Local Division of the High Court in Johannesburg.

September 28, 2021
Court ruling: Continued Marketing and impact on occupation
Legislative Guidelines

Court ruling: Continued Marketing and impact on occupation

In the matter of Fulsome Properties (Pty) Ltd v Selepe and Others held recently at the High Court of South Africa, Gauteng Division, Pretoria, Fulsome Properties (Pty) Ltd (the applicant) requested an urgent interdict to restrain the first and second respondents (Fiona Gontse Selepe and Lentse Investments) from communicating and interfering in any manner whatsoever with the applicant’s tenant(s) residing at the property in question.

August 30, 2021
Court ruling: The Subdivision of Agricultural Land
Legislative Guidelines

Court ruling: The Subdivision of Agricultural Land

In a recent decision of the Appellate Division in Bloemfontein, in the matter of Maxrae Estates (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries and Another (407/2020) [2021] ZASCA 73 (9 June 2021), the court made it clear that the executive must apply its mind prior to making decisions or exercising its legislative discretion.

August 30, 2021
SPLUMA certificates required for property transfers in Mpumalanga
Legislative Guidelines

SPLUMA certificates required for property transfers in Mpumalanga

SPLUMA stands for the Spatial Planning and Land Use Management Act, and SPLUMA certificates are governed by the act together with the by-laws of each local municipality.

July 28, 2021
Trust investments and the Legal Practice Act
Legislative Guidelines

Trust investments and the Legal Practice Act

The Legal Practice Act, which has replaced the Attorneys Act, has made some changes regarding monies paid into attorney trust accounts and the investment of this money on a client’s instructions.

June 2, 2021
Destruction of a sectional title scheme
Legislative Guidelines

Destruction of a sectional title scheme

There are several reasons why a landowner or developer may decide to build a new development in the place of an existing sectional title scheme. For example, the existing scheme may be dated and no longer suited to the area. Or the demand for residential units may be very high but the old development is undesirable.

April 28, 2021
Court ruling: Can you sell a property that’s not in your name?
Legislative Guidelines

Court ruling: Can you sell a property that’s not in your name?

The recent judgement in the matter of Tomlinson and Another v Tomlinson N.O and Others (11764/2015) [2021] ZAKZDHC 8 (19 March 2021) in the Kwazulu-Natal High Court, Durban has drawn attention to whether someone is able to sell a property if he or she is not the registered owner.

April 28, 2021
21 facts you should know about the POPI Act
Legislative Guidelines

21 facts you should know about the POPI Act

On 1 July 2021, the Protection Of Personal Information Act 4 of 2013 (POPI Act) comes into full force and effect. While the Act was signed into law on 19 November 2013, the majority of its sections were only implemented on 1 July 2020, with a one-year grace period. Now, with the remaining sections coming into effect on 30 June 2021, the Act becomes enforceable by the Regulator.

April 28, 2021
The FIC Act: How it’s tackling money laundering in South Africa
Legislative Guidelines

The FIC Act: How it’s tackling money laundering in South Africa

The Financial Intelligence Centre (FIC) defines money laundering as “the process used by criminals to hide, conceal or disguise the nature, source, location, disposition or movement of the proceeds of unlawful activities or any interest which anyone has in such proceeds.”

March 25, 2021
Court ruling: Consumer Protection Act in rental agreements
Legislative Guidelines

Court ruling: Consumer Protection Act in rental agreements

In the recently decided case of Magic Vending (Pty) Ltd vs N Tambwe and two other occupants of a rental house in Wynberg, the Western Cape Division of the High Court was asked to rule on a) whether the Consumer Protection Act applied to the case in question and b) whether the enforcement of the forfeiture clause contained in clause 14 of the lease agreement was contrary to public policy.

March 25, 2021
Non-resident sellers: Make sure you comply with SARS requirements
Legislative Guidelines

Non-resident sellers: Make sure you comply with SARS requirements

Non-resident property sellers should be aware of the requirements of section 35A of the Income Tax Act 58 of 1962. The section stipulates that an amount equal to 5% (individuals), 10% (companies) or 15% (trusts) of the proceeds of a sale of immovable property must be withheld and paid over to SARS within 14 days after “the date on which the amount was so withheld” – this is typically the date of registration of transfer. An exception is if the parties agree that the purchase price be paid before registration, in which case the 14 days will be calculated from such payment date.

February 24, 2021
Court's View on Alienation of Private Water Rights in Rainy Season
Legislative Guidelines

Court's View on Alienation of Private Water Rights in Rainy Season

Water use in South Africa is mainly regulated in terms of the National Water Act 36 of 1998 (Water Act). The Water Act clearly states that water is a scarce and unevenly distributed resource and that Government has a responsibility to manage water use and distribution in a sustainable way to the benefit of all users. Water is a natural resource that belongs to all people, and to achieve sustainability and equality, and to protect our water resources, Government must manage the use and distribution thereof.

January 31, 2021
Comment on the Expropriation Bill, 2020
Legislative Guidelines

Comment on the Expropriation Bill, 2020

This article seeks to highlight some aspects of expropriation of land by looking at the current section 25 of the Constitution and the Expropriation Bill 2020, issued by the Department of Public Works and Infrastructure.

December 3, 2020
Land Claims' Impact on Mortgage Bond Registration
Legislative Guidelines

Land Claims' Impact on Mortgage Bond Registration

When it comes to commercial lending transactions, the lender – usually a commercial or corporate division of a bank – may require confirmation that there are no land claims in process in respect of the property or properties that will form part of the security to be registered in the lending structure.

December 3, 2020
Legal victory for heterosexual life partners
Legislative Guidelines

Legal victory for heterosexual life partners

In the recent decision of Bwanya v The Master of the High Court and others, the court discussed the legal status of heterosexual life partners, specifically the rights of a surviving life partner to the proceeds of a deceased partner’s estate.

December 3, 2020
What does the new Airbnb law mean for Cape Town property owners?
Legislative Guidelines

What does the new Airbnb law mean for Cape Town property owners?

Cape Town has approved new legislation that will have a significant impact on how short-term and holiday rentals will operate in the city, enabling property owners to financially benefit from the tourism industry.

January 9, 2020
Attorney Trust Accounts
Legislative Guidelines

Attorney Trust Accounts

One of the fundamental components of being a legal practitioner is acting as a fiduciary of client funds which comes with a duty of care and significant responsibility.

December 5, 2019
Is the deeds registries system ready for a change?
Legislative Guidelines

Is the deeds registries system ready for a change?

The final step in the property transfer process is registration of the new title deeds in the Deeds Office. With the recent introduction of new legislation (the Electronic Deeds Registration System Act), we take a closer look at what this means for the registration process.

October 31, 2019
Court ruling: Trust Monies
Legislative Guidelines

Court ruling: Trust Monies

In the recently decided 2019 case of Jurgens and another v Volschenk, the Eastern Cape Division of the High Court made it clear that the utmost care must be taken by attorneys when handling trust money or dealing with a client’s finances, and that failing to do so will have severe consequences.

October 31, 2019
The Electronic Deeds Registration Act
Legislative Guidelines

The Electronic Deeds Registration Act

The Electronic Deeds Registration System Act 2019 and the Property Practitioners Act of 2019 (repealing the Estate Agencies Affairs Act 112 of 1976) were signed into law by his Excellency the State President on 2 October 2019.

October 3, 2019
Money laundering and the Financial Intelligence Centre Act
Legislative Guidelines

Money laundering and the Financial Intelligence Centre Act

The sale of a property and the transfer of ownership along with the transfer of significant funds opens itself up to fraudulent activity which is why it is important to familiarise yourself with the risks surrounding money laundering and how the Financial Intelligence Centre Act aims to protect citizens.

September 18, 2019
Amendments to the Financial Intelligence Centre Act (FICA)
Legislative Guidelines

Amendments to the Financial Intelligence Centre Act (FICA)

FICA is the Financial Intelligence Centre Act, 2001 as amended by the FIC Amendment Act 1 of 2017 which amendments came into operation on 2 April 2018.

July 18, 2019
Subdivision of agricultural land
Legislative Guidelines

Subdivision of agricultural land

There are several contexts in which it is necessary or desirable to subdivide agricultural land. Commonly, this happens when an individual wishes to leave property to his or her children through a will. While according to South African law, a testator may dispose of their property in any way he or she sees fit, there are certain limitations when it comes to subdividing agricultural land.

July 18, 2019
4 reasons to subdivide your property
Legislative Guidelines

4 reasons to subdivide your property

Reasons to subdivide your property could include: financially benefiting, splitting assets between your children or simplifying life by downsizing.

July 1, 2019
Capacity to represent a company
Legislative Guidelines

Capacity to represent a company

A duly incorporated company, as a legal entity, has all the legal powers and capacity of an individual yet it cannot negotiate, enter into contracts and sign documents on its own. For this, an individual needs to be appointed to represent the company.

July 1, 2019
Curatorship – what does it mean to be put under curatorship?
Legislative Guidelines

Curatorship – what does it mean to be put under curatorship?

There are times when a person is no longer able to manage his or her financial affairs or to make well informed decisions. In situations where this is deemed to be the case, South African law makes provision for a curator to take responsibility for the individual’s affairs on his or her behalf to ensure that these are managed effectively.

July 1, 2019
The role of a Transfer Attorney in South Africa
Legislative Guidelines

The role of a Transfer Attorney in South Africa

Many sellers and buyers, particularly those embarking on their first property purchase, may not be entirely clear on what a transfer attorney is or what their role is in the property transfer process. Since a transfer attorney or conveyancer plays such a significant part in the process, we’ve outlined some of the key points that buyers and sellers should be aware of.

May 31, 2019
Buying property through a company – taking up shares
Legislative Guidelines

Buying property through a company – taking up shares

While many of us are more familiar with situations where a property is purchased by an individual or individuals (classified as natural persons), it is also possible for a property to be purchased in the name of a legal entity, most commonly a company.

May 6, 2019
Lost original title deeds and bonds
Legislative Guidelines

Lost original title deeds and bonds

Should an original title deed or bond get lost, here’s the process that needs to be followed as per the latest amendments to Regulation 68 of the Deeds Registries Act 47/1937, published on 25 January 2019.

January 29, 2019
Regulating Client Engagement: The Legal Practice Act
Legislative Guidelines

Regulating Client Engagement: The Legal Practice Act

The process regulating client engagement has been amended in terms of the Legal Practice Act, 28 of 2014 (LPA), effective as of 1 November 2018.

November 2, 2018
Historical municipal debt
Legislative Guidelines

Historical municipal debt

Prior to the landmark decision in Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] there was some uncertainty around debts incurred by previous owners of a property.

August 31, 2018
Foreign interest in South African immovable property
Legislative Guidelines

Foreign interest in South African immovable property

The South African property market’s continued growth in the last 10 years has proved to offer valuable investment opportunities, both for local buyers as well as for foreign investors. However, as with many transactions that reach cross international borders, a property purchase by an individual or company needs to comply with a specific set of regulations.

June 1, 2018
Municipal valuations and disputes
Legislative Guidelines

Municipal valuations and disputes

Municipal property valuations can assist sellers in determining an appropriate asking price for a property, but property owners should also keep an eye on these figures so as to plan their monthly expenses properly…

April 28, 2018
Borehole regulations you need to know
Legislative Guidelines

Borehole regulations you need to know

Putting in a borehole on a property is often an attractive option for owners as it provides a convenient and cost-effective source of water. But before drilling for water, be sure to comply with all relevant regulations to avoid unpleasant penalties.

February 4, 2018
The Deeds Office purpose and process
Legislative Guidelines

The Deeds Office purpose and process

All title deeds – documents that confirm ownership of immovable property that is land – are registered, processed and stored by the South African Deeds Office.

November 24, 2017
Two pieces of legislation you should know about
Legislative Guidelines

Two pieces of legislation you should know about

It's important to stay informed about current legislation like the Protection of Personal Information Act (known as POPI) and the Property Practitioners Bill.

September 27, 2017
Buying a property in a company or trust
Legislative Guidelines

Buying a property in a company or trust

Transactions involving the purchase by a legal entity such as a company, trust, or close corporation are dealt with slightly differently in terms of the process.

August 29, 2017
The Property Practitioners Bill – what you need to know
Legislative Guidelines

The Property Practitioners Bill – what you need to know

Currently regulated by the Estate Agency Affairs Act, 112 of 1976, the estate agent profession is set to see new legislation come into force in the near future.

July 28, 2017
Historical monuments and renovation restrictions
Legislative Guidelines

Historical monuments and renovation restrictions

South Africa has a diverse and rich history, represented in the buildings that have been built throughout the years. To ensure their lasting value and to preserve this legacy, these buildings are protected through legislation that regulates and restricts renovations and alterations made to buildings classified as historical monuments.

July 28, 2017
My name has changed – what happens to my property’s title deed?
Legislative Guidelines

My name has changed – what happens to my property’s title deed?

This may happen when an individual’s marital status changes, or for personal reasons, and depending on the reason, a different process should be followed.

July 3, 2017
Muslim marriages and the ownership of property
Legislative Guidelines

Muslim marriages and the ownership of property

While South African law has historically catered to those married through a civil union or indigenous customary marriage, Islamic customary marriages have typically not enjoyed the same recognition. However, much has changed in recent years.

June 5, 2017