Transfer duty – No surprises – Part 2
The Transfer Duty Act 40/1949 (“the Act”) states that transfer duty (duty) is to be levied on any property acquired by any person by way of a transaction. The Act is clear as to whom and by when the duty is to be paid. It states that the duty shall be payable by the person […]
Dream holiday or nightmare! An overview of the property Time-Sharing control act and the vacational ownership / Time-share industry. Part 1
This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. In part one, the article gives a broad outline of what the Property Time-Sharing Control Act entails and specific definitions […]
The rei vindicatio and the actio ad exhibendum
The are a myriad of circumstances where one might be deprived of possession of one’s property. You might, for example, have given permission to your friend to use your vehicle for one year, which your friend then refuses to return the vehicle after the friendship has turned sour a year later. South Africa is a […]
Lost your original title deed? What do you do?
Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
Preparing your budget for your dream home
Purchasing a new home is undoubtedly an exciting decision, but it is also an extremely emotional one. A home is where family traditions are brought to life and where lifelong memories are made. However, in addition to the immense pride that comes with having a place to call your own, comes the heavy costs that […]
Neighbourly disputes over building plans
Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights. Neighbours who are disgruntled by the noise nuisance, possible obstruction of an existing view from their property, or the aesthetic features of the building works, […]
The real considerations of buying property
The property market has been a more advantageous ground recently than it has been in the past few decades. Especially if you are a millennial, whose news feed keeps you updated on just about everything that goes on in the world, it’s not something that has gone unnoticed. This has brought the question of whether to purchase a house or to go […]
Buying or renting: Has the question finally been answered?
The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, the other holds more benefits in the long run. In 2020, however, things took a turn, and the answer to the question may be a bit clearer than usual. Historically low […]
Find your new home sooner with transparency
Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength of this relationship, however, is built on a foundation of open communication and transparency. When your estate agent is working off of lacklustre information, half-truths and muddled facts, the results […]