What is a Title Deed?
If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the property. You will need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed […]
Fast forward your property transfer
Buying a house is a big decision, one in which the buyer will have invested numerous hours of research, planning and careful consideration. It makes sense then that a buyer would want their property transfer to be finalised as quickly as possible. But while property transfers are of nature a time-consuming process, there are steps buyers can take to make sure the […]
Understanding the “Voetstoots” Clause
Most sale agreements of immovable property contain a clause in terms whereof the purchaser agrees to buy the property voetstoots. The voetstoots clause is a common law principle which stipulates that the purchaser buys the property from the seller as is and thereby frees the seller from any liability for patent or latent defects. Patent […]
Should I plan my estate as a young adult?
It is very important for you to plan your estate, which could include a living will, a last will and a living trust. This can help families prepare for difficult times when you are no longer around to assist or advise them. Our lives get busier and more complicated by the day, so estate planning […]
Casting the line in the right place
If you want to catch more fish, you cast a wider net. It’s simple logistics. But if we are talking about selling your property, the answer may be the exact opposite. While you do want the highest possible number of prospective buyers to see your property, you only want to catch one. The best way to catch the right fish may prove to be the casting of […]
What should a conveyancer do?
Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that this ownership cannot be challenged. It also covers the process of the registration of mortgages. Conveyancing in South Africa can only be carried out by […]
Exploring a potential property
Purchasing a home is one of the biggest decisions most people will make in their lives. It makes sense then that this endeavour should be approached with diligent consideration and care. While the necessary assistance of professionals, who will help you make the best decisions along the way, is highly advisable for this journey, there […]
The basics of creating a Last Will & Testament
Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided according to your wishes stated therein. If you die without a will (called “intestate”), then your property will be divided amongst your immediate family according […]
How do I terminate joint ownership without the co-operation of the other owner?
Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains in existence, and a joint owner also cannot alienate the property or a part thereof without the consent of the other joint owner. The rights […]
Your rights under POPI
The Protection of Personal Information Act was promulgated in 2013 and, for a long time, it was unclear when it would come into force. Now, the Act has become effective as of 1 July 2020. But what does this mean for you, and how will it change the status quo? First, it is important to […]