More Articles

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

Attorney Trust Accounts

706

One of the fundamental components of being a legal practitioner is acting as a fiduciary of client funds which comes with a duty of care and significant responsibility.

Read More
Legislative Guidelines

Is the deeds registries system ready for a change?

5383

The final step in the property transfer process is registration of the new title deeds in the Deeds Office. With the recent introduction of new legislation (the Electronic Deeds Registration System Act), we take a closer look at what this means for the registration process.

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

Court ruling: attorney declared negligent in dealing with client funds

5536

In the recently decided 2019 case of Jurgens and another v Volschenk, the Eastern Cape Division of the High Court made it clear that the utmost care must be taken by attorneys when handling trust money or dealing with a client’s finances, and that failing to do so will have severe consequences.

Read More
Legislative Guidelines

The Electronic Deeds Registration Act

9831

The Electronic Deeds Registration System Act 2019 and the Property Practitioners Act of 2019 (repealing the Estate Agencies Affairs Act 112 of 1976) were signed into law by his Excellency the State President on 2 October 2019.

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

Money laundering and the Financial Intelligence Centre Act

10828

The sale of a property and the transfer of ownership along with the transfer of significant funds opens itself up to fraudulent activity which is why it is important to familiarise yourself with the risks surrounding money laundering and how the Financial Intelligence Centre Act aims to protect citizens.

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

Amendments to the Financial Intelligence Centre Act (FICA)

14290

FICA is the Financial Intelligence Centre Act, 2001 as amended by the FIC Amendment Act 1 of 2017 which amendments came into operation on 2 April 2018.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Subdivision of agricultural land

11364

There are several contexts in which it is necessary or desirable to subdivide agricultural land. Commonly, this happens when an individual wishes to leave property to his or her children through a will. While according to South African law, a testator may dispose of their property in any way he or she sees fit, there are certain limitations when it comes to subdividing agricultural land.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

4 reasons to subdivide your property

11656

Whether it’s about financially benefiting from land which you already own, splitting your assets between your children or simplifying your life by downsizing, there are a number of reasons why subdividing your property might be the right way to go.

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

Capacity to represent a company

8273

A duly incorporated company, as a legal entity, has all the legal powers and capacity of an individual yet it cannot negotiate, enter into contracts and sign documents on its own. For this, an individual needs to be appointed to represent the company.

Read More
Legislative Guidelines

Curatorship – what does it mean to be put under curatorship?

6831

There are times when a person is no longer able to manage his or her financial affairs or to make well informed decisions. In situations where this is deemed to be the case, South African law makes provision for a curator to take responsibility for the individual’s affairs on his or her behalf to ensure that these are managed effectively.

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

The role of a Transfer Attorney in South Africa

5162

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.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Buying property through a company – taking up shares

5189

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.

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

Lost original title deeds and bonds

10284

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.

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

Legal Practice Act to regulate client engagement in the legal practice

13183

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.

Read More
Legislative Guidelines

Historical municipal debt

15494

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.

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

Foreign Interest in South African Immovable Property

17307

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.

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

Municipal Valuations and Disputes

17708

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…

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

Borehole regulations you need to know

18828

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.

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

The Deeds Office purpose and process

18942

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.

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

Two pieces of legislation you should know about

15154

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.

Read More
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

17299

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.

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

The Property Practitioners Bill – what you need to know

16198

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.

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

Historical monuments and renovation restrictions

8212

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.

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

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

13437

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.

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

Muslim marriages and the ownership of property

4135

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.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Subdivision of property in South Africa

15079

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.

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

How soon after buying can you sell?

5711

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.

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

FICA – Your protection against fraud

3383

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…

Read More
Legislative Guidelines

Compliance Certificates: a matter of safety

3204

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.

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

Buying tenanted properties – don’t get caught out

3701

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.

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

Don’t Land Up In Hot Water

4065

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

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

Can a minor inherit immovable property?

7164

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

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Back off my boundary!

1987

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.

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

Working from home can save you tax

2011

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.

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

Properties using borehole water must display a sign

4116

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

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

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

819

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

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

The Electrical Compliance Certificate

1197

Who is responsible for providing an Electrical Compliance Certificate?

Read More

Need more Snymans content?

Sign up for our monthly newsletter.