09 Dec 2019
By Ashersons Attorneys
Property Owners, Buyers and Agents: Lost Title Deeds and Bonds

Property Owners, Buyers and Agents: Lost Title Deeds and Bonds

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…
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09 Dec 2019
By Andrew Goldschmidt
Property Sales and Trusts: Demand Proof of Trustee Authority

Property Sales and Trusts: Demand Proof of Trustee Authority

Selling property to a trust comes with a particular risk, and it’s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all! Let's start from the beginning - you are overjoyed at receiving a good offer for your property – not easily achieved in these hard times and of course you certainly don’t want to do anything to jeopardise the sale. But perhaps do that little bit…
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04 Nov 2019
By Ashersons Attorneys
“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale?

“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale?

The upcoming festive season, with its mass migrations of happy holiday-makers to their dream destinations, has always been a busy time for both sellers and buyers. In these hard times however, an increasing number of sellers are feeling pressured to accept offers well under their expectations, so cases of “seller’s remorse” are much more likely now than they have been for many years. The question is, just how easy or difficult is it for a seller to escape a sale agreement signed in haste? Equally common no doubt are sales “subject to the sale of the buyer’s property” - for…
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01 Feb 2019
By Ashersons Attorneys
Property Owners, Buyers and Agents: Check for the Title Deeds Before 25 February!

Property Owners, Buyers and Agents: Check for the Title Deeds Before 25 February!

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…
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