Claiming Ownership Through Acquisitive Prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transf
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transf
So you’ve been looking to buy your dream home, and you’ve seen something for sale that grabs your fancy. Now imagine
Being a minority shareholder can leave you powerless in situations where decisions are made against your wishes. Most Me
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Asso
With the vast majority of homes being financed through the country’s biggest banks, the popular online debate around w
Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the
The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory,
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain a
Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the
In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond
The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The decease
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes.
Understanding the real estate market is crucial when buying or selling a property. The market’s current favour, wh
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of
Any person drawing up a last will and testament, and who intends to include an option to purchase any of their propertie
The decision to move out of a large residence in favour of a smaller or less expensive property, also known as down-scal
The purchaser signs an agreement of sale with the seller. The property is transferred into the purchaser’s name. A mon
Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a
Given the current economic climate, many homeowners in South Africa might find themselves facing the challenge of keepin
A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s prop
I have recently been inundated by elderly parents wishing to transfer their immovable property to their children before
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a s
This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titl
Property Practitioners who now need to hold a Fidelity Fund Certificate, unless excluded, to practice in terms of the Pr
With most of the major interest rate hikes now out of the way, 2023 is set to provide a more stable environment for fina
How you can protect your assets from predators—including SARS Trust have received a lot of bad press over the past few
Servitudes in South Africa can be created or come into existence in multiple ways. The methods of creation, which will b
A trust exists when the founder of the trust has handed over or is bound to hand over to another the control of property
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes.
The upfront investment is high, which you’ll want to recover when you sell Stage 6 loadshedding is now firmly in effec
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes.
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of
In 2018 the National Consumer Commission (NCC) investigated the vacation ownership and time-share industry after various
During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. The
There are six compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of t
This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by cons
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However,
Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feel
The Transfer Duty Act 40/1949 (“the Act”) states that transfer duty (duty) is to be levied on any property acquired
For newlyweds, one of the most important tasks to attend to is estate planning. The estate planning will depend on what
The Spatial planning and Land Use Management Act (SPLUMA) came into effect on 1 July 2015. The purpose of the act is to
When a person dies, they leave behind an estate which includes everything they own. Estate Duty is payable on the estate
When it comes to sectional title schemes, there is still widespread misunderstanding of even the basics, starting with t
By: Sean Wynne — The use of Electronic Signatures in contracts is becoming more and more popular. Programs such
Before transfer of a property takes place, the original Title Deed must be provided to the Conveyancer. If the Seller ha
The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of
So it’s the third night this week you can’t sleep because your new neighbour seems to enjoy playing loud rock music
INTRODUCTION When does a spouse who is entitled to receive a half share in immovable property become the owner of that h
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any
The deeds office is a vastly complex and daunting system to master. It takes Conveyancers years to fully understand not
What is a sole mandate? When homeowners decide to sell their property and have chosen an estate agent/agency to market t
The death of a loved one is a difficult process to go through, and when the inevitable occurs, it is important to rememb
It is a well-established principle in South African law that a person may not take the law into his or her own hands. P
The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in
The Property Practitioner’s Act, 22 of 2019, came into effect on the 1st of February 2022. This act replaces the nearl
Many South Africans who simultaneously emigrate and cease to be South African tax residents are faced with a situation
Property ownership is no small feat. It is one of the most reliable forms of investment and one of the biggest items tha
The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simult
Selling your property should be a relatively painless process. However, it is important to note that the obligations of
It is very important for you to plan your estate, which could include a living will, a last will and a living trust. Thi
During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. The
Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where fa
Buying real estate is more than finding the right home or location for your business – owning property is an investmen
Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that comp
The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed a
You’ve scoured the web for what feels like weeks, and you’ve finally found your dream home! You’ve put in your off
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 you
While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, neverm
Section 35A of the Income Tax Act[1] came into effect on 1 September 2007 and sets out the capital gains tax consequenc
I am a director of an NPO. Can I be held liable in my personal capacity for damages caused by or debt incurred by the o
Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow yo
Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits th
Respecting and protecting your Personal Information is very important to us. Not only is this a Constitutional right, bu
The property market has been a more advantageous ground recently than it has been in the past few decades. Especial
The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Wi
Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers,
Buying and selling properties through auction has always been a staple of the real estate market. And to this day
Having a will is a final statement of how you want your assets to be managed after your death. However, sometimes you ma
Knowing when to move is not always as straight forward as one might think. At times, the need for a change is apparent
John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial
The deeds office is a vastly complex and daunting system to master. It takes conveyancers years to fully understand not
Even before the pandemic changed the way we see our home and work environments, with many finding for the first time th
Finding the right home is not only about finding an architectural structure that meets your requirements (three bedrooms
A family member of yours recently passed on. They left a will in which you are named as a beneficiary, but it transpires
1. Non-refundable or forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clau
Buying a rental property could be an incredible investment opportunity, however, it’s important to make a well-informe
If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, whe
Many industries are piecing things back together again this year, as they try to recover from the effects of the pandemi
Post-1994, the lawmakers in South Africa have attempted to be inclusive of religion and gender, by passing the Recogniti
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018,
On 1 July 2020, the enactment of the Protection of Personal Information Act (POPI Act) commenced, which will come into f
It was announced on 19 November 2020 that the national repo rate would remain unchanged at the historically low 3,5 %. W
Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally fol
On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1)
In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to w
The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act
Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a
If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that