You should always take as much security for your claims as you possibly can before advancing credit or lending money to a debtor. That’s because if your debtor fails and is “liquidated” (if a corporate) or “sequestrated” (if an individual), without security you will have only a concurrent claim in the estate. And with a concurrent claim, you will be lucky to get back more than a few cents in the Rand, because you will rank right at the bottom of the ladder after both secured creditors and preferent creditors (employees, SARS etc). So, first prize is always to hold security for your claim Having a “secured claim” greatly increases your chances of being paid out a decent amount (hopefully your claim in full), because the proceeds of the asset/s…
Notarial Services Originating from the scribes of ancient Hebrews, Greeks and Egyptians, the office of a Notary Public is a highly respected office of trust both in South Africa and throughout the world. In South Africa, a Notary Public is an admitted attorney with special powers to draw up and authenticate specific documents - the attorney must have been admitted as a Notary Public. South African law requires that certain documents be notarially executed and Notaries are authorised by the High Court of South Africa to draw up and attest to these documents. Furthermore, Notaries are also authorised by the High Court to witness and verify the authenticity of signatures and copies of certain documents, mainly for use overseas. Our Notarial services include: Antenuptial Contracts (generally referred to as an…
In January 2019 new amendments to Regulations for the replacement of lost title deeds (and similar documents like mortgage bonds and notarial bonds – see below) were published. They were very onerous and slated to come into effect at short notice, but after criticism they were suspended – until now. Revised amendments have been published, to come into effect on 1 January 2020. Firstly, what is a “Title Deed”? A title deed (deed of transfer) is legal proof of ownership of a property. It also contains a lot of other important information relating to the property, such as a full description, its size, names of previous owners, bonds registered over it, conditions and legal restrictions relating to it and so on. Why should you care if yours is lost? Without…
The last thing you want in any property transfer is any more delay and cost than is already built into the process. Unhappily, that is exactly what is in store if the property’s original title deed is for any reason not to hand. Whether it has been lost or destroyed, you will need your conveyancer to apply for replacement with a certified copy from the Deeds Office. And whereas that is currently a pretty straightforward procedure with minimal delay and cost, that is set to change shortly. We’ll share with you all the details and we’ll give you a plan of action, but beware – your window of opportunity here is a narrow one! Imagine that you sell your house/apartment/office/factory/plot of land and you thereafter instruct your conveyancer to pass transfer…
Conveyancing In law, conveyancing is the transfer of legal title held by one person in immovable property from that person to another, or the granting of an encumbrance over the property such as a mortgage bond or a lien to a third party. When planning to buy, sell or manage your most important investment, your property, you need legal assistance of the highest quality to ensure that you get the most out of your asset, and also to ensure that you are adequately protected at each step of the transfer. At Ashersons our attorneys can assist you in all aspects to do with the management, ownership and transfer of property including; Agreements Relating to Property Property Tax Law and Structuring Property Developments and Schemes Advice on applications for Development Rights Rezoning…
100 years of quality service is what Ashersons has achieved Ashersons Attorneys is a full service boutique law practice so we can assist you with almost any legal issue that you have. For ease of reference, here is a brief overview of some of the legal services that we offer.
