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...
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...
Is it legal that my neighbour’s renovations reduce or even obliterate my view?
You've 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...
The importance of validly approved building plans
In the recent case of Matthew Robert Michael Lester v Ndlambe Municipality and High Dune House (Pty) Ltd (514/12) [2013] ZASCA 95, the Supreme Court of Appeal considered an application to demolish a residential home as its building plans had not been approved by the relevant municipality. The Appellant had begun to build a bigger more...
Compliance Certificates and Transfer of Property
There are now 5 compliance certificates that must be obtained before a transfer of property is registered, namely Electrical, Electric Fence, Gas, Water / Plumbing and Beetle Certificates. The following table sets out further information regarding these certificates. Certificate Description Governing Law Period of validity Can parties contract out of the certificate requirement? Electrical Certifies more...
Is your electric fence legal?
In terms of the Electrical Machinery Regulations of 2011, issued under the Occupational Health and Safety Act 85 of 1993, every lessor or user of an electric fence system must be in possession of an electric fence system compliance certificate. This additional compliance certificate will therefore be a requirement where immovable property is being transferred. more...
VAT implications for the transfer of leased commercial property to an only tenant
Often an only tenant enters into an agreement for the purchase of commercial property from its present owner. In terms of the Value-Added Tax Act (‘VAT Act’) such a transaction would constitute a ‘supply’ and thus tax considerations would have to be taken into account. As a point of departure, zero-rated supplies are taxable supplies more...
The difference between a consolidation and a notarial tie-agreement with regards to immovable property
Owners of immovable property will sometimes find it necessary or be compelled to consolidate or notarially tie their property. Understanding the difference between the two procedures and when it becomes applicable is therefore necessary. Consolidation A consolidation is done by way of an application, by the owner/s of the properties, for the issue of a more...
The definition of boundaries to sectional title sections and exclusive use areas
Welcome amendments to the sectional title act and regulations. When the Sectional Titles Act 95 of 1986 (“the Act”) amendments came into effect on 7 December 2010, one welcome change to the Act related to how the boundaries of a section are defined that provided clarity for sectional title managers and sectional title owners. Although more...
On the lighter side … a quick guide to estate agent speak
What they say What they mean Renovated The lounge has been painted Just waiting for your touch As far as the interior is concerned, this is a no-hoper Centrally situated/convenient The main road and the station are 5 metres from your bedroom Character-filled Tatty and there's no en-suite bathroom or off-street parking Big family bathroom more...