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August 2, 2017
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? 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 […]
May 24, 2017
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 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. […]
April 4, 2017
Owning property without a Will If you die without a Will, an administrator will have to be appointed to administer your estate which will be distributed according to the laws of intestate succession. As such, your assets may not be distributed as you would have wished. It also means that the process will be delayed […]
March 16, 2017
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
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
Is my tenant responsible for the worn out carpet? There are several damages a landlord can deduct from a tenant’s deposit. However, there are certain household items that will experience normal wear and tear over time. This is referred to as “fair wear and tear”. Fair wear and tear is seen as damage or loss […]
November 1, 2016
The Sale Agreement: Can I use the cooling-off period if I change my mind? The Consumer Protection Act has some serious implications for agents selling property – for one, a disgruntled purchaser can get out of a sale agreement within 5 days of signing it. Section 16 of the Consumer Protection Act states as follows: […]
March 16, 2016
Fixtures and fittings Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the… ?” The most common dispute that arises between a seller and a purchaser is a dispute as to what is regarded as fixtures and fittings. The simple answer […]