Can trustees sell trust property to their own company?
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]
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 […]
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 […]
Why you need to beware of withholding taxes when emigrating
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 cease to be tax residents. This may result in the unintended consequence of them becoming a non-resident seller of immovable property in South Africa. In terms […]
Why is real estate such a trusted investment?
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 Predictability While interest rates may alter mortgage repayments at first, real estate offers a somewhat constant financial investment. Once home loans are repaid in full, […]
Know how to make the most out of home insurance
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 four walls.Home insurance can be divided into three sections: Building Insurance, Home Contents Insurance, and Personal Valuables Insurance. The purpose of Building Insurance is to cover only the structure of your property, and Home […]
The rising popularity of sectional title ownership
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 outdoor areas, shared maintenance costs with other owners, becoming part of a community, no cleaning the pool on Saturday mornings – it sounds like any […]
Buying a property in your 20s
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 that goes on in the world, it’s not something that has gone unnoticed. This has brought the question of whether to purchase a house or to go […]
What’s next for the property market?
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 world. One industry that has been left unaffected to a great extent, and yet has had to re-create itself almost entirely in the same breath, […]