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Legislative Guidelines

The role of a Transfer Attorney in South Africa

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Many sellers and buyers, particularly those embarking on their first property purchase, may not be entirely clear on what a transfer attorney is or what their role is in the property transfer process. Since a transfer attorney or conveyancer plays such a significant part in the process, we’ve outlined some of the key points that buyers and sellers should be aware of.

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Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Buying property through a company – taking up shares

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While many of us are more familiar with situations where a property is purchased by an individual or individuals (classified as natural persons), it is also possible for a property to be purchased in the name of a legal entity, most commonly a company.

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Legislative Guidelines

Lost original title deeds and bonds

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Should an original title deed or bond get lost, here’s the process that needs to be followed as per the latest amendments to Regulation 68 of the Deeds Registries Act 47/1937, published on 25 January 2019.

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

Legal Practice Act to regulate client engagement in the legal practice

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The process regulating client engagement has been amended in terms of the Legal Practice Act, 28 of 2014 (LPA), effective as of 1 November 2018, to ensure greater transparency.

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Legislative Guidelines

Historical municipal debt

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Prior to the landmark decision in Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] there was some uncertainty around debts incurred by previous owners of a property.

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

Foreign Interest in South African Immovable Property

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The South African property market’s continued growth in the last 10 years has proved to offer valuable investment opportunities, both for local buyers as well as for foreign investors. However, as with many transactions that reach cross international borders, a property purchase by an individual or company needs to comply with a specific set of regulations.

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

Municipal Valuations and Disputes

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Municipal property valuations can assist sellers in determining an appropriate asking price for a property, but property owners should also keep an eye on these figures so as to plan their monthly expenses properly…

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

Borehole regulations you need to know

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Putting in a borehole on a property is often an attractive option for owners as it provides a convenient and cost-effective source of water. But before drilling for water, be sure to comply with all relevant regulations to avoid unpleasant penalties.

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

The Deeds Office purpose and process

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All title deeds – documents that confirm ownership of immovable property that is land – are registered, processed and stored by the South African Deeds Office. This information is vital as part of property transfers and ensuring accurate data is contained in the Deeds Registry is important for all parties concerned.

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

Two pieces of legislation you should know about

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Staying up to date on current legislation is essential, not only for legal professional but also for individuals, to ensure all transactions are concluded correctly and in line with all relevant legislation.

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

Buying a property in the name of a company or trust – the pros and cons

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There is much written about the sale and transfer of property by individuals in their personal capacity. But transactions involving the purchase by a legal entity such as a company, trust, or close corporation are dealt with slightly differently.

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

The Property Practitioners Bill – what you need to know

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Currently regulated by the Estate Agency Affairs Act, 112 of 1976, the estate agent profession is set to see new legislation come into force in the near future.

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

Historical monuments and renovation restrictions

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South Africa has a diverse and rich history, represented in the buildings that have been built throughout the years. To ensure their lasting value and to preserve this legacy, these buildings are protected through legislation that regulates and restricts renovations and alterations made to buildings classified as historical monuments.

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

My name has changed – what happens to my property’s title deed?

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Depending on the reason for a change in name, the Deeds Registries Act may prescribe that the Deeds Office records need to be updated through an endorsement against a property’s title deed to reflect this change.

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What Happens To The Ownership Of My Property When I Get Married
Legislative Guidelines

Muslim marriages and the ownership of property

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While South African law has historically catered to those married through a civil union or indigenous customary marriage, Islamic customary marriages have typically not enjoyed the same recognition. However, much has changed in recent years.

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Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Subdivision of property in South Africa

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There are several potential benefits associated with property subdivisions, but before moving ahead with plans to subdivide a property, owners need to take into account a number of factors.

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

How soon after buying can you sell?

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For many property investors and speculators, time is the key in a successful and profitable property transaction. Here’s what you need to know about Simultaneous Transfers.

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

FICA – Your protection against fraud

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With the threat of fraud ever present in large financial transactions, FICA is being effectively implemented by accountable institutions to remove the risk for all concerned…

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Legislative Guidelines

Compliance Certificates: a matter of safety

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The various compliance certificates required to transfer a property can contribute to ensure a property is safe, secure and in good condition. Here’s what you need to know.

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

Buying tenanted properties – don’t get caught out

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Tenants in properties that are being sold have the potential to become a headache for buyers wanting to make the property their home, but clear agreements and terms can put that to rest.

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

Don’t Land Up In Hot Water

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The potential impact of unapproved building plans when it comes time to sell.

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

Can a minor inherit immovable property?

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South African law makes provision for a minor child to own an inherited property with the assistance of their legal guardian.

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Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Back off my boundary!

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When considering renovations to a property, there are typically requirements in place that stipulate how far a building must be from a road or a boundary wall.

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

Working from home can save you tax

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Working from home is becoming increasingly popular, largely due to the increasing ease of connectivity. While there are many pros and cons that could be argued about making one’s home double up as an office, the tax implications of this decision should also be considered.

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

Properties using borehole water must display a sign

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Due to a significantly dry winter across the country, and many dams being alarmingly low, severe water restrictions have been implemented in most regions.

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

If I don’t have a Will, who will inherit my property?

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Inheritance of assets in a deceased estate, and in particular of immovable property, can be complex.

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

The Electrical Compliance Certificate

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Who is responsible for providing an Electrical Compliance Certificate?

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