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What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Customary marriages and ownership of immovable property[post_view before=""]

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Rules Board Regulates Non-litigious Fees[post_view before=""]

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Corporate actions and resolutions[post_view before=""]

In South Africa, the business and affairs of a company must be managed by its board of directors. As such, the board is responsible for the daily corporate and commercial affairs of the company.

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Minors and immovable property
Contractual Matters

Defunct Homeowners Associations and Consents to Transfer[post_view before=""]

Title deeds of cluster developments commonly contain a condition which states that alienation or transfer of a property by the owner is not allowed unless consent from the Homeowners Association (HOA) is provided. Usually inserted by the relevant local authority when approving the cluster development, this type of condition also confirms that all subsequent owners of the property automatically become members of the HOA.

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The difference between movable and immovable property
Contractual Matters

The conveyancing process explained[post_view before=""]

The conveyancing process starts with a signed Offer to Purchase and ends with the property being registered in the Deeds Office. But, there are numerous steps that need to be completed in between. Here’s a look at how the process unfolds.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Your home loan is paid up. What happens next?[post_view before=""]

Often, a bond will be paid up before the owner of the property decides to sell it. Here’s a step-by-step look at what he or she can expect once they reach this impressive milestone.

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Minors and immovable property
Contractual Matters

10 conveyancing terms explained[post_view before=""]

When it comes to buying or selling a property, it helps to have a basic understanding of the many legal terms involved in the conveyancing process. Here’s a look at the 10 you’re likely to encounter most often, starting with conveyancing itself.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

A brief look at the conditions for township establishment[post_view before=""]

If a property owner would like to establish a township, the below procedure can give guidance when it comes to dealing with Town Councils. It will always be necessary to consult with a Town Planner who can specialises in dealing with this process:

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Minors and immovable property
Contractual Matters

Rates refunds in the City of Cape Town[post_view before=""]

One of the documents that must be lodged in the Deeds Office for registration of transfer is the Rates Clearance Certificate (RCC). By law, at the time of registration of the property into the new owner’s name, all municipal charges relating to the property must be paid. And the RCC serves as confirmation that these monies have been paid.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying and selling property – the implications for married foreign nationals[post_view before=""]

In a recent article, we looked at the question of whether foreign nationals are permitted to own property in South Africa. A related question is what happens when a foreign national, who has entered into a marriage outside of South Africa, wishes to buy or sell property. Let’s take a look.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Foreign property ownership in South Africa[post_view before=""]

Can foreign nationals own property in South Africa? The short answer is yes. But before we explore this topic in any detail, let’s first define what we mean by foreign national – someone who is a non-resident, meaning that they are neither ordinarily resident nor meet the requirements of the physical presence test.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Power of Attorney: Can it lapse?[post_view before=""]

A power of attorney is a useful tool that can be used in many situations. For example, an elderly parent who, due to their age, finds it difficult to attend to their affairs may decide to grant power of attorney to their adult child.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why identifying the ultimate beneficial owner matters[post_view before=""]

In the past, detecting funds from unlawful activities as they entered the financial system was relatively straightforward. However, with the dishonest among us increasingly making use of juristic or corporate entities to hide their true identities and introduce illicit proceeds into the system, it’s becoming more and more difficult for the relevant authorities to identify these funds. And it’s not only South African officials who find themselves in this position – the challenge cuts across international borders.

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Minors and immovable property
Contractual Matters

How does divorce affect transfers in the case of joint ownership?[post_view before=""]

The end of a marriage can result in several administrative challenges, not least of which is tackling the joint ownership of immovable property. And while divorce can be a traumatic and emotional experience, with the proper legal advice, the transfer of ownership doesn’t need to be.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Cheques are a thing of the past[post_view before=""]

In a statement issued late last year, the South African Reserve Bank informed the public that, “the issuing and the acceptance/collection of cheques will cease, effective from 31 December 2020.” At the time, most banks had already begun phasing out this form of payment, with clients making use of cheaper, more convenient electronic payment methods.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Do you need a gas compliance certificate?[post_view before=""]

If you’re selling a property with a gas installation, a certificate of conformity will need to be obtained before transfer of the property. This certificate is issued in terms of Regulation 17(3) of the Pressure Equipment Regulations and has to be issued by an authorised person.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Electronic signatures in South Africa[post_view before=""]

There’s an ongoing discussion in the commercial world, especially in property law, around the types of documentation that can be signed electronically.

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Curatorship - what does it mean to be put under curatorship?
Contractual Matters

A closer look at bank assisted sales[post_view before=""]

A bank assisted sale (or distressed sale) is the sale of the owner’s property with the assistance of the bond holder (the bank). Contrary to popular belief, the bank doesn’t sell the property but rather assists the owner with the sale in order to limit damages for all relevant parties.

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Minors and immovable property
Contractual Matters

What does the Coronavirus lockdown mean for your Offer to Purchase?[post_view before=""]

We are experiencing unchartered territory with the current lockdown due to the Coronavirus and while it is impossible to predict what the future holds or have immediate answers to what this might mean for each property related scenario, we can offer some advice to those who have signed an Offer to Purchase prior to or during the lockdown in South Africa.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Rectifying information on a title deed[post_view before=""]

A title deed is the formal record of who the current owner is of a specific piece of land so naturally, making sure that this information is accurate and up to date is incredibly important.

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Curatorship - what does it mean to be put under curatorship?
Contractual Matters

Documents required for transfer of property[post_view before=""]

We know that paperwork isn’t everyone’s favourite thing, and while the property transfer process does require quite a few documents, it needn’t be overwhelming for buyers or sellers. That’s why we’ve put together this list of documents required for transfer of property.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

What should I know about bond registrations and cancellations?[post_view before=""]

For the majority of property buyers, taking out a bond to help finance the purchase of their dream home is an essential step of the process. The good news for Snymans clients is that our experienced team can guide you through the process…

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Minors and immovable property
Contractual Matters

Effective Cause – who earns estate agent commission?[post_view before=""]

An estate agent can be an invaluable asset in helping you secure a quick and lucrative sale, but in cases where more than one agent might be marketing your property, how do you know who you owe commission to when a sale is concluded?

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Minors and immovable property
Contractual Matters

Types of property transfers: the basics you need to know[post_view before=""]

Whether it’s through a sale, inheritance or divorce settlement, there are a number of reasons for a property to be transferred from one owner to another. Each scenario is dealt with in slightly different ways, and our experienced team of conveyancing attorneys have put together a brief guide to help you understand the basics of each property transfer type.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

6 top tips from the Snymans Team[post_view before=""]

For many, the start of 2020 means a new property search, or in some cases a sale. Because there is so much to think about when embarking on this exciting process, the team at Snymans Inc have put together some of their top tips to help you on your journey.

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Minors and immovable property
Contractual Matters

New year, new home[post_view before=""]

The new year has just kicked off and now is the perfect time to put plans in place to buy your new dream home. If you’re wondering where to start, read on to get some advice from the experts…

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Minors and immovable property
Contractual Matters

Property registration and transfer costs: who’s responsible for what?[post_view before=""]

A property transfer comes along with significant expenses, but being well informed about what registration and transfer costs you can expect to incur means that you can plan carefully and avoid any unpleasant and costly surprises.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

The powers and duties of trustees in the transfer of immovable property[post_view before=""]

There often comes a time when a beneficiary becomes entitled to take transfer of a property that is registered in the name of a trust. When this happens, there are a few options available to the trust in order to put this into effect.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Appointing multiple executors of a deceased estate[post_view before=""]

The decision of who should be appointed as the executor of an estate can be made by the testator. While it is common for a single person to be appointed, it is also possible for a testator to appoint more than one person to share this role which can bring with it certain added complications.

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Minors and immovable property
Contractual Matters

Buying a property with an existing tenant[post_view before=""]

When purchasing a property with a tenant already in place, certain aspects should always be considered before the offer to purchase is signed.

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Buying tenanted properties - don’t get caught out
Contractual Matters

The long lease[post_view before=""]

There has been a great deal of talk about 99-year leases which seems to have many, including Parliament, in a frenzy. What does a 99-lease entail? What happens at the end of the lease? Can your children inherit this piece of land? Below we answer some of the key concerns when it comes to a long lease.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Compliance Certificates and Home Inspections[post_view before=""]

Before a property is sold and registered in the buyer’s name, it’s important that it is compliant with relevant regulations and that all parties are aware of the condition of the property and what maintenance or repairs might be needed. The buyer and seller each have responsibilities in this regard and it is important that both parties fulfil these obligations.

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Minors and immovable property
Contractual Matters

4 common mistakes when selling your home[post_view before=""]

Whether you’re selling your home for the first time or you’ve done it all before, it’s easy to get caught out by a few common pitfalls. That’s why we’ve put together this guide on four common mistakes and how you can avoid them.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Purchase and ownership of vacant land[post_view before=""]

Building on vacant land has unmatched possibilities when creating your dream home. There are, however, a few other aspects to consider when purchasing vacant land.

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The difference between movable and immovable property
Contractual Matters

The difference between movable and immovable property[post_view before=""]

Miscommunication on what constitutes movable and immovable property can complicate the sale of a property and may even lead to litigation. It is important to draw a distinction between these when you sell or purchase a property in order to obtain clarity on what will be included in the property transfer.

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How to ensure a quick and smooth property transfer
Contractual Matters

How to ensure a quick and smooth property transfer[post_view before=""]

There will always be elements in a property transaction that will be out of your control as the purchaser or seller, however some elements can be managed in a way as to avoid unnecessary delays.

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What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Marriage in or out of community of property?[post_view before=""]

The marital regime selected at the time of entering into a marriage will have a significant impact on how ownership of property is dealt with within the marriage, which is why it is important to understand the different options available and select the one that best suits you.

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Minors and immovable property
Contractual Matters

Minors and immovable property[post_view before=""]

While the process for transferring ownership of immovable property remains largely the same in cases where one of the parties to the transfer is a minor, the minor’s contractual capacity must be carefully considered.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Cash is king – what you need to know as a cash buyer[post_view before=""]

The general sentiment is that a cash purchase is always a better option when buying property. However there are many factors to be considered before putting pen to paper.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Always look under the rug[post_view before=""]

While a property seller is legally required to disclose any known defects of the property, what can a buyer expect when it comes to unusual characteristics, quirks or abnormal qualities?

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Beetle free certificates
Contractual Matters

Beetle free certificates[post_view before=""]

There are a number of compliance certificates that a seller is required to submit to confirm that the property is in good condition, prior to concluding a sale. Some of these certificates are only required under specific circumstances, for example the borer beetle certificate.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Joint ownership is not all love and romance[post_view before=""]

There’s no denying that it’s tough to break into the property market and that doing this with your partner can be both a financial imperative and an exciting and romantic idea. While there are certainly benefits to jointly buying a property with your partner, it’s also important to go in with your eyes wide open for this endeavour to have the best possible chances of success.

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Minors and immovable property
Contractual Matters

Making your property work for you – the do’s and don’ts of running a guesthouse[post_view before=""]

Opening a guesthouse can be a lucrative endeavour, but before taking the plunge and converting a residence into a financially rewarding business, there are important steps to be followed and considerations to be taken into account.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Immovable property and inheritance[post_view before=""]

According to South African law, an individual has the right to dispose of his or her estate as he or she wishes by stipulating this in a will. However, this right may be limited when in the public interest.

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How to ensure a quick and smooth property transfer
Contractual Matters

This is your year for a successful property sale[post_view before=""]

A new year always brings with it endless opportunity and is the perfect time to forge ahead with new plans and make the first move to achieve goals. If your aim is to sell your property, then follow these keys steps in helping to make sure it’s a successful and lucrative process.

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Minors and immovable property
Contractual Matters

Buying a property off-plan[post_view before=""]

Buying off-plan can seem daunting for purchasers as you are buying a property that is yet to be completed. On the upside, this has become a profitable approach to the property market and indeed, the proverbial early bird does then catch the worm. There are of course many factors to consider before such a decision is made.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Beware of scams[post_view before=""]

Fraudulent scams affect all industries and can be hugely detrimental and costly. The best way in which consumers can protect themselves from falling victim to such a scam is being able to identify the warning signs.

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Minors and immovable property
Contractual Matters

The right of first refusal[post_view before=""]

A right of first refusal is a mechanism in a contract that affords the holder of such right the preference to buy a particular property, should the owner ever choose to sell it.

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Minors and immovable property
Contractual Matters

Different forms of ownership[post_view before=""]

There are a number of forms of ownership of immovable property in South Africa, and sometimes prospective buyers as well as homeowners are not aware of the intricacies of each. To take the mystery out of this for you, we have put together the basics on each of the 3 most common types of ownership: full title ownership, sectional title ownership and long-term lease.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Auctions in the property industry[post_view before=""]

To help buyers looking to purchase property on auction, here is some crucial information relating to auctioned property.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The sale of a property as a going concern[post_view before=""]

Given certain conditions being met, a property can be transferred as a ‘going concern’ which can be beneficial to the transacting parties.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The Lapsed Offer to Purchase[post_view before=""]

For prospective buyers who have found the right property, it is always an exciting but also a daunting time when an Offer to Purchase (OTP) has been signed and presented to the seller. The wait then begins before finding out whether or not it has been accepted.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Signing suretyship[post_view before=""]

Signing surety for another person, whether family, business partner or friend, can seem like a simple formality in order to help that person successfully conclude an important transaction. But before signing on the dotted line, make sure you know what you’re in for.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Buying one party’s share of a jointly owned property[post_view before=""]

There are a number of ways to deal with the undivided shares in fixed property held by two or more people. In the case of joint ownership by married persons, one such way is by one party becoming the sole owner of a property. The process for this will depend heavily on the matrimonial regime selected at the time of marriage.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The terms of an estate agent mandate[post_view before=""]

One of the most important purposes of signing an estate agent mandate is to create a binding agreement between the estate agent and the seller that sets out the terms of the arrangement agreed upon to market and sell the property.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Demystifying the voetstoots clause[post_view before=""]

Because there is no specific wording that accompanies a voetstoots clause in the agreement of sale for immovable property, it is not always immediately apparent to non-property professionals what this clause really means.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Selling a property out of a deceased estate[post_view before=""]

There are two major differences between the sale of a property out of a deceased estate and a “normal” sale…

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I object to my neighbour’s renovations?[post_view before=""]

Renovations have the potential to sour the best of neighbourly relationships, but what are the legal rights and obligations when it comes to an owner undertaking property renovations? Here are a few things to know…

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Minors and immovable property
Contractual Matters

The do’s and don’ts of buying a property[post_view before=""]

Every property agreement contract is slightly different, but with our years of experience as conveyancing attorneys, we have identified some key do’s and don’ts that can help make a property sale a success for all parties concerned.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Agreements of sale of immovable property: Part 2 – Tips for Buyers and Sellers[post_view before=""]

Following on from Part 1, there are a number of aspects relating to the basic sections within a contract of sale that should be considered before either party signs on the dotted line.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Agreements of sale of immovable property: Part 1 – Terms of the Agreement[post_view before=""]

In terms of the Alienation of Land Act, 68 of 1981, an agreement for the sale of immovable property, also known as an Offer to Purchase (OTP) in the industry, must be in writing and signed by the parties thereto. The OTP must further contain three essential elements to be legally binding:

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Transfer and Bond Calculators
Contractual Matters

Buying a property for someone else[post_view before=""]

While a less common scenario, it is possible for an individual to make an investment in or finance the purchase of a property with the intention of another becoming the owner, and although the transfer process remains largely unchanged, there are a few things to be aware of.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rent-to-buy agreements[post_view before=""]

The reality of the current South African economic climate is such that a considerably large number of bond applicants are unsuccessful, while sellers often experience difficulties in selling their properties at a desirable price. The rent-to-buy option is one that addresses both the buyer and seller’s concerns.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Why do I need a transfer attorney?[post_view before=""]

Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying Property on Auction[post_view before=""]

Buying a property on auction, while potentially offering valuable investment opportunities, can be daunting to those not familiar with the process. But with some basic background and know-how, it need not put off potential buyers.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Drawing up a will – what you should know[post_view before=""]

The death of a loved one is a difficult time, and the administration and distribution of the deceased estate can involve a great deal of time and work, but a valid Last Will and Testament can ease the pressure considerably.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Think before you sign – an offer to purchase is a legally binding contract[post_view before=""]

An offer to purchase (OTP) can be seen as the quintessential document governing the sale agreement between the seller and purchaser. As such, it should be completed accurately and with great care.

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What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

What can be considered when entering into an Antenuptial Contract[post_view before=""]

For those entering into a marriage out of community of property, an antenuptial contract (ANC) is a must and therefore plays an integral role. And while there are many elements that are typically included, an antenuptial contract can be drafted in a number of ways to suit the unique needs of individuals.

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Upkeep and repairs in sectional title schemes
Contractual Matters

Latent vs patent defects[post_view before=""]

Making an informed decision regarding the potential investment opportunity when purchasing a property relies significantly on having a clear idea of both latent and patent defects relating to the property.

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Your bond application: A key ingredient to the property transfer
Contractual Matters

Extending your bond[post_view before=""]

A bond or home loan is often a necessity when buying a property and many consider the primary aim to be paying this loan off, but there are a number of alternatives that could come in handy.

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Your bond application: A key ingredient to the property transfer
Contractual Matters

Cancelling your bond: What you need to know[post_view before=""]

Paying off and cancelling a home loan is often viewed as a significant goal being achieved, but before launching into this step, there are a number of aspects to consider – not least of which is whether cancelling the bond is, in fact, the right decision.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

What you should know before buying a house as an unmarried couple[post_view before=""]

While there are important considerations for unmarried couples who choose to enter the property market together, doing so with care should still result in a positive long-term investment.

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Buying tenanted properties - don’t get caught out
Contractual Matters

Retirement Villages and Life Rights[post_view before=""]

We commonly discuss the merits of, and differences between freehold and sectional title properties, but retirement villages often provide a third alternative to these two forms of ownership – Life Right Schemes – for those looking for a lifestyle change in old age.

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Minors and immovable property
Contractual Matters

As the new owner, when can I move in?[post_view before=""]

Timing your move in conjunction with the registration of a property transfer can be tricky, but there are ways to manage occupation dates through the contract of sale.

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What happens if a suspensive condition is not met?
Contractual Matters

How sellers can optimise their chances of success[post_view before=""]

Bond approval conditions in an offer to purchase, the continued marketing clause, and how these work in practice.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

He Said, She Said[post_view before=""]

The most common causes of Estate Agent commission disputes and how to avoid them.

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My name has changed - what happens to my property’s title deed?
Contractual Matters

Until divorce do us part[post_view before=""]

The divorce process can be complicated by many factors, one of which is the ownership of immovable property.

Read More
The difference between movable and immovable property
Contractual Matters

Contract of sale: These clauses could cost you[post_view before=""]

To reduce risks and avoid any disagreements or negative outcomes, there are a few vital things that should be included in the contract of sale.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

What to do when tenants refuse to leave[post_view before=""]

Eviction is a tricky process and one which needs to be handled correctly to avoid any legal repercussions – if the correct process is not followed, the landlord may be punished by the courts and in the most severe cases, imprisoned.

Read More
Buying tenanted properties - don’t get caught out
Contractual Matters

Can I reject a signed offer to purchase in favour of a higher offer?[post_view before=""]

An offer to purchase is a legal document and, once signed by both the buyer and seller, it becomes a legally binding agreement.

Read More
What happens if a suspensive condition is not met?
Contractual Matters

What happens if a suspensive condition is not met?[post_view before=""]

A suspensive condition is a term or clause within a contract that clearly stipulates a particular criterion that must be met in order for the contract to come into force. Should the suspensive condition(s) not be met, the contract will be void.

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Minors and immovable property
Contractual Matters

What happens to the ownership of my property when I get married?[post_view before=""]

There are three types of marriages that one can enter into in South Africa, each of which will have different consequences on the ownership of property.

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Minors and immovable property
Contractual Matters

Exclusive use area rights must be registered[post_view before=""]

Exclusive use areas, a common feature in sectional title properties, often cause uncertainty in the minds of property owners when it comes to rights over this land.

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Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Why was I not given the title deed for my property?[post_view before=""]

Ownership seems like a simple concept; you buy something and you become the sole owner of that object. Unfortunately, the reality is not always quite as straightforward as it seems.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Verbal vs. written contracts[post_view before=""]

Although verbal contracts are binding under South African law, it is often important, and in some circumstances necessary, to put something in writing.

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Minors and immovable property
Contractual Matters

The sale of immovable property?[post_view before=""]

What does the process of selling / buying a property entail?

Read More
What happens if a suspensive condition is not met?
Contractual Matters

What causes registration delays?[post_view before=""]

What can cause my transfer / bond registration to be delayed?

Read More
Beetle free certificates
Contractual Matters

Rates & Taxes Clearance Certificate[post_view before=""]

Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

Read More

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