1. 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...

Friday, 06 February 2009 | 791 hits | Print | PDF |  E-mail | Report | Read more

2. Procedure for Transferring Ownership of Property in South Africa

Procedure for Transferring Ownership of Property              Most properties which are sold have an existing bond registered over the property and most Purchasers obtain a bond to purchase a property. When...

Friday, 06 February 2009 | 793 hits | Print | PDF |  E-mail | Report | Read more

3. Who Appoints the Conveyancer

Click Here to download Comprehensive Free Offer to Purchase Who Appoints the Conveyancer? Firstly I think it is important to be aware that not all attorneys are conveyancers. Conveyancers are qualified attorneys who have studied further and...

Friday, 06 February 2009 | 466 hits | Print | PDF |  E-mail | Report | Read more

4. 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...

Friday, 06 February 2009 | 1436 hits | Print | PDF |  E-mail | Report | Read more

5. Blank Spaces in Contract

All standard deeds of sale used by estate agents contain blank spaces which have to be completed relating for example to the amount of the purchase price, the date of occupation, the occupational rental payable etc. One of the parties to the...

Friday, 06 February 2009 | 401 hits | Print | PDF |  E-mail | Report | Read more

6. Suspensive Conditions

Most sales of immovable property are concluded subject to one or more suspensive conditions. One of the legal definitions of a suspensive condition is that it is a condition which suspends the operation or effect of one or more of the...

Friday, 06 February 2009 | 4749 hits | Print | PDF |  E-mail | Report | Read more

7. "Voetstoots"

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold "voetstoots" (as is/as it stands). What is the effect of such a clause? Under the common law the...

Friday, 06 February 2009 | 740 hits | Print | PDF |  E-mail | Report | Read more

8. 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

9. Legal Implications and Ramnifications of signing a contract

  When disputes arise between sellers and purchasers of immovable property regarding the terms and conditions contained in the deed of sale I am often told by such persons that they didn't understand the legal implications and consequences of...

Friday, 06 February 2009 | 876 hits | Print | PDF |  E-mail | Report | Read more

10. REGISTERING PROPERTY IN THE NAME OF A TRUST

  It has become a fairly popular practice (especially amongst affluent people) to register property in the name of a legal entity such as a close corporation, company or trust rather than in their personal names. A trust is a popular choice,...

Friday, 06 February 2009 | 3815 hits | Print | PDF |  E-mail | Report | Read more