Commercial Property Law

Leases in Lockdown: Are we liable to pay rent?

25th June 2020|Commercial Property Law, Litigation, Property Law|

A legal issue receiving almost constant attention since the lockdown commenced is the liability of commercial tenants for rental of their business premises during the Lockdown (including the more relaxed Alert Levels).  There are many factors which have affected our advice, namely the terms of the lease agreement, as well as the nature and operation


NEWS FLASH: replacing your lost or destroyed title deed or bond document is about to get more onerous and expensive!

2nd December 2019|Commercial Property Law|

Regulation 68 of the Deeds Registries Act 47 of 1937 has been amended. This regulation is used to apply for new title deeds, registered leases or cessions and bonds, amongst other things, when the original has been lost or destroyed. This amendment will come in to force on 2 January 2020. The implications of the


To buy property with an existing tenant or not, that is the question!

1st November 2016|Articles, Commercial Property Law, Conveyancing, Property Law|

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


Getting your doc’s in a row… to authenticate documents in and out of South Africa.

20th September 2016|Commercial Law, Commercial Property Law, Conveyancing, Regulatory Law|

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


What’s the big deal about unapproved building plans?

27th July 2016|Commercial Property Law, Conveyancing, Property Law|

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


Withholding tax – implications when the seller of immovable property is non-resident

21st June 2016|Articles, Commercial Property Law, Conveyancing, Property Law, Uncategorised|

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


Can the current owner of a property be held liable for the previous owner’s municipal debt?

16th March 2016|Commercial Property Law, Property Law|

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


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