Sectional titles: What is the role of the body corporate?
When it comes to sectional title schemes, there is still widespread misunderstanding of even the basics, starting with the body corporate and how it is established, as well as what its functions and powers are. This misunderstanding often gives rise to many problems and disputes in sectional title schemes which could quite easily have been […]
Can I use an electronic signature to sign my Offer to Purchase?
By: Sean Wynne — The use of Electronic Signatures in contracts is becoming more and more popular. Programs such as Adobe DC or DocuSign make the tedious job of signing off contracts much easier. However, many people may not realise that Electronic Signatures may not be used in certain situations. The Alienation of Land Act […]
What happens when you have lost your original title deed?
Before transfer of a property takes place, the original Title Deed must be provided to the Conveyancer. If the Seller has a Bond over their Property, the Bank will hold this title deed. If there is no Bond, the Seller will be obliged to provide the Title Deed. It sometimes does happen that the original […]
My neighbour’s noise is a nuisance
So it’s the third night this week you can’t sleep because your new neighbour seems to enjoy playing loud rock music with his band late at night. Normally you wouldn’t mind. However, being kept up till 2am every morning is affecting your productivity at work. You talk with your neighbour, but he doesn’t seem to […]
Immovable property ownership and spouses
INTRODUCTION When does a spouse who is entitled to receive a half share in immovable property become the owner of that half share? Does the real right in respect of half share in immovable property vest immediately upon granting of a divorce decree or does a spouse acquire personal right to claim formal transfer in […]
Transfer duty. No surprises. Part I
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by the renunciation of an interest or restriction […]
Another walk through the deeds office
The deeds office is a vastly complex and daunting system to master. It takes Conveyancers years to fully understand not only the process of conveyancing but also the internal workings of the Office. This is a brief overview of the process we as Conveyancers follow when we arrive at lodgement and beyond. Step 0: Instruction […]
The requirements and benefits of a sole mandate
What is a sole mandate? When homeowners decide to sell their property and have chosen an estate agent/agency to market their property, they will be asked to sign a sole mandate with the said estate agent/agency. A sole mandate is given to only one agency and no other. This is different from an open mandate, […]
The Property Practitioner’s Act, And You”
The Property Practitioner’s Act, 22 of 2019, came into effect on the 1st of February 2022. This act replaces the nearly 45-year-old Estate Agency Affairs Act 112 of 1976. Revolution or Evolution? While in some respects the act makes serious changes to the manner in which Estate Agents conduct their business, in many respects the […]
The ups and downs of property co-ownership
Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items that most people have on their financial “to-do” lists. Unfortunately, it is not always an easily achievable goal. Property ownership has always been a costly endeavour, and in recent years the age of […]