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
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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
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
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
The death of a loved one is a difficult process to go through, and when the inevitable occurs, it is important to remember what happens next. The cause of death
It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of another must follow proper
The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality
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
Many South Africans who simultaneously emigrate and cease to be South African tax residents are faced with a situation where the sale of a fixed property has not been finalised by the time they
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”
The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simultaneously in order for the process to be completed as one
Selling your property should be a relatively painless process. However, it is important to note that the obligations of the Seller do not end at simply signing the Offer to
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
During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and liabilities will form part of a person’s
Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where family traditions are brought to life and where lifelong
Buying real estate is more than finding the right home or location for your business – owning property is an investment that holds more benefits than you might know. Income
Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that complies with the Act’s basic requirements. But for many businesses
The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. What happens if the
You’ve scoured the web for what feels like weeks, and you’ve finally found your dream home! You’ve put in your offer, and it’s been accepted. But before you can pack
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
While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real estate rental market has not recovered quite as well as the consumer
Section 35A of the Income Tax Act[1] came into effect on 1 September 2007 and sets out the capital gains tax consequences of the sale of immovable property situated in South
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 organisation? I thought that I was
Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow you to insure both the structure of your home and the life that is lived within its
Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits that come with it, it makes sense. Heightened security, lower insurance costs on buildings and
Respecting and protecting your Personal Information is very important to us. Not only is this a Constitutional right, but it is a good business practice which we take very seriously.
The property market has been a more advantageous ground recently than it has been in the past few decades. Especially if you are a millennial, whose news feed keeps you updated on just about everything
The property market was labelled a buyer’s market for most of 2020. Even though the year proved to be disastrous in many respects, many factors were beneficial for property buyers. From the historically low interest rates and the adjustment of the
The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or
Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength
Buying and selling properties through auction has always been a staple of the real estate market. And to this day, it remains one of the best ways to purchase properties at bargain prices. Unfortunately, numerous misconceptions around properties that go up for auction also
Having a will is a final statement of how you want your assets to be managed after your death. However, sometimes you may want to change it. You may have
Knowing when to move is not always as straight forward as one might think. At times, the need for a change is apparent and unavoidable, but other times, it grows over
John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed the contract on the
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
Even before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same place, centrally located accommodation had already
Finding the right home is not only about finding an architectural structure that meets your requirements (three bedrooms, sun in the afternoon, a yard for the dogs, access control for the kids, etc.). The
A family member of yours recently passed on. They left a will in which you are named as a beneficiary, but it transpires that a few provisions in their will
1. Non-refundable or forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under
Buying a rental property could be an incredible investment opportunity, however, it’s important to make a well-informed decision before investing, as it is not for everyone. Although investing in a
If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary
Many industries are piecing things back together again this year, as they try to recover from the effects of the pandemic or recreate themselves to remain relevant in a changing
Post-1994, the lawmakers in South Africa have attempted to be inclusive of religion and gender, by passing the Recognition of Customary Marriages Act 120 of 1998, allowing for the registration
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future
On 1 July 2020, the enactment of the Protection of Personal Information Act (POPI Act) commenced, which will come into full effect on 1 July 2021. As its name states,
It was announced on 19 November 2020 that the national repo rate would remain unchanged at the historically low 3,5 %. While many were expecting an increase after a slightly
Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t let your money go
On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is
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 which deceased estates are reported),
The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the
Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition of homeownership comes with an array of concerns that are unavoidable
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
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
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
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
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
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
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
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
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
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
Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not been acknowledged over a
Properties sold on auction is not necessarily the bargain buy everyone seems to think it is. This is because the property on auction isn’t necessarily being sold due to financial
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the
“Is it pet friendly?” A question often asked by many potential buyers and tenants of Sectional Title units, which answer, in most cases, is a crucial factor in their decision
We’ve all felt like it – the hairs on the back of your neck standing up, sure someone is keeping an eye on you, watching as you receive a DVD
The threat of fake news to your business In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time
Room for improvement in the real estate industry The property market for 2020 initially proved to be a buyers’ market. Though with the rise of the COVID-19 pandemic and the
Why an estate plan is crucial We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left
The full accrual of an estate during a divorce In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case
The benefits of creating a trust Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between
Socially distanced property viewings The real estate industry has always been known for utilising the latest technologies available to bring buyers and sellers together. From announcements at Town Hall gatherings
What’s next for struggling businesses? South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and
How is your property’s value being affected? Preparing a home that will soon enter the market is one of the first steps of the selling process. But these preparations, intended
Demystifying the executor of a deceased estate During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and
Parental rights during the lockdown On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020.On 30
How to Find the perfect tenant The success or failure of your rental property will be determined by the tenant you choose to live in it. When a bad tenant
Why is my property transfer taking so long? After signing a deed of sale, the purchasers often want to move into the property as soon as possible. When they are
Post-lockdown property At the end of the national lockdown, many South Africans will have gotten to know their properties better than the architects who designed them. For some, this time
Lockdown tips: Simple steps to take control of your finances The COVID-19 pandemic has spread across the globe and left economic destruction in its path. Now, more than ever, it
Safeguard your children’s inheritance Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the
Parental rights in changing times When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual
Is the real estate market catering to everyone? Knowing who’s in the lead when it comes to the property market is difficult. The traditional progression used to be: Finish your
Sectional title schemes: A developer’s obligations A developer who wishes to establish a sectional title scheme on a piece of land where there is an existing building, has certain statutory
Co-realty in 2020 “…we may be about to see a shift of generational proportions toward [an]… array of real estate demands, ironically induced – at least partially – by technology.
The effects of expropriation without compensation For many whose homes are where their hearts are, the Draft Expropriation Bill, 2019, which seeks to legalise land expropriation without compensation, is proving to
Clauses in Sale of Property agreements The sale or purchase of a property is a very important transaction in one’s life. The parties to a Sale of Land Agreement will
Red flags when buying property You’ve found your dream home and you can’t be more excited, but there are few things to keep in mind before you sign the papers
Freedom of defamation is not a thing It is correct that one has the right to freedom of expression, but it is important to remember that this right is limited.
Estate Planning: Documents to live by If you can believe it, we are already at the end of January. With all the beginning-of-year struggles and excitement, there is something to
Is an e-will valid in South Africa? In terms of South African law, for a Will to be accepted as valid by the Master of the High Court (a statutory
Your home away from home Finding a holiday home isn’t as simple as choosing your favourite holiday spot and packing your bags. With the urge to buy a holiday home,
Understanding mergers and acquisitions Mergers and Acquisitions (M&A) are a natural process of any business, although not all businesses go through this form of transition. Merging is when two companies
Has your braai been approved? Every HOA has applicable building guidelines which are stipulated in a Constitution or Memorandum of Incorporation (“MOI”) which every homeowner should be made aware of,
The validity of an e-will 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
Methods of valuation A business valuation is a process whereby a value is placed on a business or a business unit, based on the historical and projected financial performance of
Sectional title bliss Where starter homes in quiet suburbs used to be the norm when it came to first buys for working professionals and young couples, it seems like J.G.
Make the most of your rental property Investing in a property can be one of the best decisions you make. It is also one of the investments you need to
A Living Will is a document regarding healthcare at the end of your life. It states that any treatment that would otherwise lengthen your life should be withheld in specific
The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and member of the body
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