August 2, 2017

Renting property to foreigners

Renting property to foreigners Renting property in South Africa is a straightforward process. The country has a vast selection of rental accommodation including bachelor flats in apartment blocks, Victorian cottages, stand-alone houses with big gardens, and semi-detached units in modern townhouse complexes. In South Africa, the right of a foreigner to purchase immovable property was […]
August 2, 2017

Is the tenant or landlord responsible for the water leaks?

Is the tenant or landlord responsible for the water leaks? Questions, and sometimes disputes, often arise between landlords and tenants regarding where the responsibility lies with the maintenance of a property. The simple answer is that tenants can generally only be held responsible for repairs/replacement on the property if the damage was caused by the […]
June 13, 2017

How do I cancel a lease?

How do I cancel a lease? What happens when a landlord or a tenant wants to cancel a lease? What rules and what legislation apply? What protection does the law provide? If you want to end your lease early, this can be done in situations where: the Consumer Protection Act or Rental Housing Act applies, […]
May 24, 2017

Important steps for the transfer of property

Important steps for the transfer of property The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as […]
May 24, 2017

Co-owning property with someone else: the ups and downs

Co-owning property with someone else: the ups and downs What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. […]
May 10, 2017

Why is my property transfer taking so long?

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 informed of the process involved prior to the property being transferred this may damper their excitement. There may also be delays in the transaction. In […]
March 16, 2017

What is a Title Deed?

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 […]
February 22, 2017

Cancelling a lease agreement early

Cancelling a lease agreement early If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it. If, on the other […]
February 22, 2017

What does the Deeds Office do?

What does the Deeds Office do? The Deeds Office is responsible for the registration, management and maintenance of the property registry of South Africa. If you are planning on buying a house, it can be useful knowing about the Deeds Office. However, you would use the services of a conveyancer when buying or selling a […]
January 12, 2017

Transfer of a property: Is VAT or transfer duty payable?

Transfer of a property: Is VAT or transfer duty payable? A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to the payment of VAT or transfer duty to SARS. When an immovable property is transferred, either VAT or transfer […]

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