Property

Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it comes to any form of process with significant legal consequences, so here are some of the important questions you should ask upfront, before you commit to anything - 1. What do all the terms and conditions (particularly the legal-speak bits) in the Deed of Sale mean in practice? 2. Are my rights adequately protected and my risks minimised by the…

The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article we’ll concentrate only on aspects of particular importance to property sellers and buyers, and to landlords and tenants. The PPA’s full definition of “property practitioner” is long and complex with some grey areas still to be clarified, but for our purposes let’s just note that estate agents and agencies, property auctioneers, property managers, bond originators and the like all fall into the definition. We turn now to some of the more important…

You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) by buying the shares and thus avoid the delay and cost of a normal property transfer and registration in the Deeds Office. What should you do? There are a host of both practical and legal factors to consider before deciding. Holding property in a company…

When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing with quite possibly your most important asset! To help you navigate the process, as either seller or buyer, here are some common questions, with answers. Where can I get a simple guide to the process? When you come down to the details it certainly is important to get everything right, but a simple, broad overview to start with will go a long way to…

“Neighbour problems” are as old as civilization itself, and an all-too-common cause of conflict is construction work. When your neighbour’s new house/extension/outbuilding impinges on your sea view, or steals your light, or invades your privacy, or encroaches on your property, you are going to be upset. And you will want to know what you can do about stopping the offending work as soon as possible. So, what can you do if your neighbour has started (or finished) building without the necessary municipal approvals? In a nutshell, our courts will very probably assist you with a demolition order, as a recent…

Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt, the Legal Practitioners Indemnity Insurance Fund report of “over 110 cybercrime related claims with a total value of R70 million” in the period July 2016 to August 2018. The scammers are using more and more sophisticated techniques to lull their victims into complacency, and your best protection is your own vigilance…