Buying a home free of historical debt
In January 2016, the Supreme Court of Appeal (SCA) held in City of Tshwane Metropolitan Municipality v PJ Mitchell, that the current owner of a property could be held responsible for debts incurred by a previous owner with regard to municipal debts services supplied to the property prior to transfer. This decision was made more...
To buy property with an existing tenant or not, that is the question!
When a property is purchased while there is a tenant in occupation, the tenant has certain rights. Potential purchasers need to be aware that the lease agreement remains in place despite the change of ownership of the property until such time as the lease expires. This means that the lease will survive the sale and more...
Getting your doc’s in a row…..how to authenticate documents in and out of South Africa.
This is a guide to assist you when you are required to sign or legalise documents outside of South Africa to be used within, or vice versa which should ensure that your documents are legally valid: Signing/Executing documents within South Africa for use outside South Africa: Where countries are party to The Hague Convention: Documents more...
New Land Claims put on ice after Constitutional Court ruling
All new land claim applications have been frozen in the wake of the Constitutional Court declaring the Restitution of Land Rights Amendment Act (“the Amendment Act”) invalid in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others. The Restitution of Land Rights Act more...
What’s the big deal about unapproved building plans?
Buying and selling property is a hugely stressful event. For this reason, people rely strongly, perhaps too strongly, on the people assisting them with the sale when signing the Sale Agreement. All too often, both Seller and Purchaser are guilty of signing Sale Agreements without necessarily reading, or fully understanding, the conditions in that particular more...
Withholding tax – implications when the seller of immovable property is non-resident
You have decided to take the big step of buying a property, but before putting in an offer, you read the Agreement of Sale. One of the clauses is headed, “Withholding Tax”, or something similar and you wonder what it would mean to you? Briefly, Section 35A of the Income Tax Act, is a control more...
Can my view be taken away from me?
You have just taken transfer of your dream home. It’s single storey, north facing so it gets the sunshine and has breath-taking views. One day you notice that your neighbour is renovating. This doesn’t concern you as it will add value to your property. However, you soon realise that they are not only building outwards, more...
Do I really need to provide compliance certificates when I sell my house?
You have reached the big decision to sell your house. You find a Purchaser, but notice in the Deed of Sale that various compliance certificates must be acquired and paid for by you, the Seller. What are these Certificates and do you really need them? There are five certificates that may have to be supplied more...
Can the current owner of a property be held liable for the previous owner’s municipal debt?
You’ve just taken transfer of your dream home. You’ve moved in and introduced yourself to your new neighbours. You’ve even set a date for your house warming and invited all your friends. Everything is better than you ever imagined. But then, you receive a letter from your municipality demanding back payment of substantial unpaid debts more...
The Conveyancing Process
This is a simplified summary of the conveyancing process for a standard transfer of immovable property. In reality, it can be a complicated process and we are aiming to break it down to assist in your understanding the process. This is written from the perspective of the transferring attorney. It does not extensively include the more...
De-mystifying the Sale Agreement
Whether you are the Seller or the Purchaser, entering into a Sale Agreement is usually an extremely stressful event. Apart from the prospect of moving house, the contract itself can be rather daunting. Therefore, this article attempts to explain a few of the standard clauses in a Sale Agreement. Sale Agreement vs Offer to Purchase more...
Does a promise automatically translate into ownership?
You are in a loving relationship that is going to last forever. So when your partner promises you a house, it doesn’t occur to you to insist that it be transferred into your name. Years later, the happy relationship is no more and the house that was promised to you has been sold to someone more...