11. What is a Home Owners Association

What is a Home Owners Association When freehold properties are designed as a unit eg. a complex of townhouses or enclosed neighbourhood or golf estate, they are sometimes bound together by means of a Home Owners...

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12. WHAT IS CONVEYANCING?

WHAT IS CONVEYANCING? The term "CONVEYANCING" describes the legal process whereby a person, company, close corporation or trust becomes the registered and lawful owner of fixed property and ensures that such ownership cannot be challenged. It...

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13. What happens with trust monies?

  Section 78(2a) of the Attorneys Act specifically makes provision that an attorney, at the instruction of any person, may open a trust savings or other interest bearing account and the interest is paid out according to instruction. These...

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14. What happens at the deeds office?

What happens at the deeds office? The conveyancer will lodge the title deed and other documents that he has prepared in the deeds office for registration. The deeds office is a government registry of ownership in all fixed property and other rights...

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15. Fixtures and Fitting Explained

  A buyer who purchases immovable property legally acquires the land together with all permanent improvements on the land. Permanent improvements include not only the physical structure but also items, which are permanently attached to the...

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16. HOW LONG SHOULD A TRANSFER TAKE

 An interesting article appeared in this months De Rebus (the S A Attorneys Journal). The article written by Lizelle Kilbourn, a conveyancer, dealt with the questions of how long a "typical transfer" of property should take and how long...

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17. Estate Agent Mandates

Estate agents are involved in the vast majority of property sales. The seller often grants an agent a mandate to sell his property for a specific price. Such a mandate may be verbal or in writing. Sometimes sellers have a change of heart...

Friday, 06 February 2009 | 418 hits | Print | PDF |  E-mail | Report | Read more

18. REGISTERING PROPERTY IN THE NAME OF A MINOR

I am quite often asked for advice on the advisability of registering property in the name of minors (unmarried persons under the age of 18).  Parents sometimes wish to invest in property and register the property in their minor child's...

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19. Taxes on the Transfer of Property

When residential land, or an interest therein is sold or transferred, either VAT or transfer duty is payable on the transaction. The issue of what "tax" is payable when a "property transaction" takes place, has become quite a complicated...

Friday, 06 February 2009 | 606 hits | Print | PDF |  E-mail | Report | Read more

20. VAT, TRANSFER DUTY AND STRUCTURING PROPERTY TRANSACTIONS

 The general rule is that when a seller is not a registered VAT vendor, transfer duty is payable on the purchase price by the Purchaser. However, when the seller is a VAT vendor, then VAT is payable on the purchase price by the Seller. As a...

Friday, 06 February 2009 | 2604 hits | Print | PDF |  E-mail | Report | Read more