Property Archives - Page 2 of 5 - Ashersons Attorneys

02 Mar 2026

Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?

“We are also proposing additional tax measures to ease the financial burden on households and businesses, by adjusting personal income tax brackets and rebates fully in line with inflation.” (Minister of Finance Enoch Godongwana) How much will I save if I sell my house? A big highlight for property sellers and buyers is that, having remained unchanged since 2012, the primary residence exclusion for Capital Gains Tax has been increased from R2 million to R3 million. In addition, the annual CGT exclusion has been increased for individuals by 25% from R40,000 to R50,000, and for deceased estates by 47% from R300,000 to R440,000. The…

02 Mar 2026

By Ashersons Attorneys

Choose Your Conveyancer with Care! A Cautionary Tale of “Fraud Unravels All”

“Fraud unravels property transactions even where innocent third parties are involved.” (Extract from judgment) Congratulations, you’re the proud new owner of your dream home! Your name’s on the title deeds, and your ownership is registered in the Deeds Office. That’s conclusive proof that the house is yours, right? Regrettably, this isn’t always the case… Although registration is usually proof of ownership, there are exceptions. One exception is fraud. And a recent High Court case is a sharp reminder to every party to a property sale and transfer (seller, buyer, estate agent, conveyancer and bonding bank) that any sale and transfer…

27 Jan 2026

By Ashersons Attorneys

Love and the Law: Cohabiting? Get Your House in Order Now

“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation. A recent High Court fight between an estranged couple over their jointly-purchased dream house illustrates this neatly. Broken dreams, and a fall out over the house A couple’s four-year romantic relationship saw…

27 Jan 2026

By Ashersons Attorneys

Parking Disputes and the “Reasonable Neighbour” Test

“Wouldn’t it be nice to get on with me neighbours?” (from “Lazy Sunday” by Small Faces) Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if you ignore me” sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to keep up with them. But as we all know, it’s not always easy. A recent High Court fight over parking rights is unfortunately pretty much par for the course…

06 Jan 2026

By Ashersons Attorneys

Property Sales and Side Deals: Verbal Agreements Don’t Cut it!

“With a verbal agreement you have nothing but air.” (Author and entrepreneur Robert Ringer) 2026 opens with positive signals for our property market after last year’s encouraging GDP forecasts, a credit-rating upgrade, and a series of interest rate cuts boosting access to bond finance. All the signs point to a promising year for buyers, sellers, and homeowners. But a recent Supreme Court of Appeal (SCA) judgment is a sharp reminder that getting the legalities wrong, and in particular trying to rely on verbal promises, could mean a very rocky start to your new year. It’s also a reminder that while…

25 Nov 2025

By Ashersons Attorneys

Can You Airbnb Your House or Apartment in a Residential Complex?

“Landlords grow rich in their sleep.” (John Stuart Mill, economist) If you are thinking of buying (or already own) a house or apartment in a residential complex with the idea of renting it out as an Airbnb (whether permanently or on an “I can make a fortune this Christmas” basis), tread carefully. A recent High Court decision has signalled confirmation that your body corporate or homeowners’ association (HOA) can, within limits, regulate your right to do so. Residents vs. Renters The setting for this dispute is a large residential scheme in the Silver Lakes area of Pretoria, envisioned by its…

28 Oct 2025

By Ashersons Attorneys

Selling Your House This Summer? Get Your Ducks in a Row With This Checklist

“In the summertime, when the weather is high, you can stretch right up and touch the sky.” (Mungo Jerry) Summer’s here with its blue skies, happy holidaymakers from around the country and the world, and, as always, an upsurge in demand for houses. If you’re going to capitalise on this seasonal upswing, start planning your sales strategy now with our simple, practical Seller’s Checklist below. Follow these 10 steps for a successful sale: 1. Ask yourself “What’s my goal and how will I get there?” The first step is to outline your strategy, starting with your end goal. Of course,…

25 Sep 2025

By Ashersons Attorneys

The Transfer Process in a Nutshell

“Don’t wait to buy real estate. Buy real estate and wait.” (Will Rogers) Spring is in the air and, as the annual uptick in property sales kicks in, let’s address two questions commonly asked by both sellers and buyers who are unsure about exactly what happens after they sign their sale agreement: How does the transfer process work? How long does it take before the seller gets paid and the buyer becomes the new registered owner? Let’s begin with this simplified “in a nutshell” flowchart of the transfer process: How long does it all take? How long is a piece…

25 Sep 2025

By Ashersons Attorneys

Don’t Let Cybercriminals Haunt You this Halloween — Verify, Verify, Verify!

“If you suspect deceit, hit delete!” (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded “BEC” or “Business Email Compromise” fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud, email or other electronic communications between a creditor and debtor (often a seller and buyer, or service provider and client) are hacked by criminals, who con the debtor into paying what they owe into the fraudster’s bank account. By the time the parties realise they’ve…

26 Aug 2025

By Ashersons Attorneys

Panhandle Access to Properties – The Mistakes to Avoid

“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very much like the handle of a pan, hence the name) which gives the needed street access to the “landlocked” property. The panhandle can be owned by the property using it as an access road, or it can be a right of way in favour of…