Advice &amp; News

Is the deeds registries system ready for a change?

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.

October 31, 2019

Trustees' Powers and Duties in Property Transfer

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.

October 31, 2019

The Electronic Deeds Registration Act

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.

October 3, 2019

Money laundering and the Financial Intelligence Centre Act

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.

September 18, 2019

Buying a property with an existing tenant

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

September 18, 2019

Appointing multiple executors of a deceased estate

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.

September 18, 2019

The long lease

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.

August 27, 2019

4 common mistakes when selling your home

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.

August 27, 2019

Compliance Certificates and Home Inspections

Before a property is sold and registered in the buyer’s name, it’s important that it is compliant with relevant regulations.

August 27, 2019

Property Finance

Fixed vs variable interest rates

You’ve finally found your perfect home, made an offer and applied for finance to assist with your purchase. But when you receive the mortgage letter from the bank, you’re left trying to understand unfamiliar terms and concepts including prime interest rates, repo rates, and fixed or variable interest. Here’s what you need to know to make sense of it all.

July 18, 2019

Subdivision of agricultural land

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.

July 18, 2019

Amendments to the Financial Intelligence Centre Act (FICA)

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.

July 18, 2019

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

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.

July 1, 2019

Capacity to represent a company

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.

July 1, 2019