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Has your property transfer gone wrong or is it about to go wrong? Deeds office delays? Bad advice from your attorney? Need proper advice from a Conveyancer? Ask a qualified Lawyer to help solve your legal dilemmas today.

Property Law

Property Law is the area of law that governs the various forms of ownership in property, for example: fixed property such as a house or building.

The most common way of acquiring a real right of ownership infixed property is through the registration of transfer in the Deeds Office which occurs pursuant to the conclusion of a deed of sale entered into between a seller and a purchaser.

Conveyancers are appointed by the seller to attend to the transfer of the fixed property, and the registration of the deed of transfer at the Deeds Office. The Conveyancer will also deal with transfer duties, VAT payable, payment of the bond registration costs, estate agent's commission, the payment of the purchase price, etc.

Most recent Articles posted

Judge who nailed lawyers called to order by SCA

Land Claims Court Acting Judge President Yasmin Meer has been found to have violated prescripts of the law in her judgment that nailed lawyers for pursuing what she termed a ‘vexatious and frivolous’ restitution application.

Land occupiers vow to defy eviction order

Defiant residents of the Bayland informal settlement have vowed to remain on the land they occupy illegally despite an eviction order by Eastern Cape High Court (Gqeberha) Judge Sunil Rugunanan.

Labour tenants want more than expropriation

'This is not only about getting our land back. What about the many years I worked from the age of 13 as a domestic worker at the white farmers’ house, cleaning the house, looking after their children, doing their laundry, and working in their garden for six months every year, mostly without pay unless the white farmer was in a good mood, and he would pay me R10 at the end of six months?’

Legal action threat over District Six delays

The District Six Working Committee, the organisation that spearheaded a court case against the Department of Rural Development & Land Reform to compel it to ensure claimants return to the area, is mulling further litigation, notes a News24 report.

Court win for Cape Town inner city residents

The Western Cape High Court has ruled for the residents of Bromwell Street, Woodstock, after they challenged the City of Cape Town's provision of emergency and temporary housing.

Eviction of farm couple who didn't pay rent ordered

Josef and Henrietta Erasmus, who failed to pay rental and water charges on a pig farm near Saldanha they leased for more than five years, will be evicted if they don’t vacate the property by 30 November.

‘Tent City’ ruling expected tomorrow

The outcome of the case between the City of Cape Town and advocacy group Ndifuna Ukwazi about homeless people in Green Point has been postponed to tomorrow after Acting Judge Tessa le Roux said she needed more time to read the relevant documents and consider arguments.

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

“Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords understand the need to tread carefully whenever the issue of eviction arises. They are required to comply fully with the provisions of PIE (the “Prevention of Illegal Eviction and Unlawful Occupation of Land Act”) – certainly achievable but never to be taken lightly.

Cape spends millions to secure state land

While there appears to have been a decrease in land invasions in Cape Town, the provincial government said that millions still had to be spent on security.

Judge orders probe of land claims project books

It has been lauded as a rare successful land reform project, but now the Land Claims Court (Randburg) has ordered that the books of the Moletele Community Property Association (CPA) be scrutinised by the Auditor-General and the DG of Rural Development and Land Reform.

Wiese suing Jooste for return of Lanzerac estate

Business magnate Christo Wiese is suing Markus Jooste, the former CEO of retailer Steinhoff, to have the historic Lanzerac wine estate outside Stellenbosch returned to him.

Hefty fine for building flats without approval

A Cape Town property owner has been slapped with a hefty fine for building a massive structure without approval, says a Sunday Times report.

Department wins costs after case withdrawal

The Hammond and Hammond Transactional Law Clinic, which had sued the Bitou Municipality and the Western Cape Department of Human Settlements, has been ordered to pay costs to the department after withdrawal of a case related to the Qolweni housing project.

Tenant has right to remain on property

The SCA has upheld an appeal against a Western Cape High Court decision to evict a Cape Town woman, her 83-year-old mother and their housekeeper.

Interdict sought to halt River Club project

Cape Town activists have launched an urgent interdict application to halt construction work on the redevelopment of the River Club.

Farm occupiers seek to appeal eviction ruling

The judge who ordered the removal of farmers who had occupied government farms in the North West since 2019 misapplied himself when he made findings not supported by any evidence presented in court.

Noisy Neighbours – Your Rights, and Buyers Beware!

We’ve all had them – noisy neighbours whose dogs bark incessantly, whose late-night parties leave everyone sleep-deprived, whose businesses make working from home and relaxing in the garden an impossibility.

Court rules boy’s education trumps eviction bid

A judge has shot down a company’s insistence that a family with a boy (16) in matric should be evicted from its farm now before the end of the school year.

An interminable waiting game

The Prudhoe community, whose land claim has been stalled by ineptitude for 23 years, have still not had their land restored to them – despite the Constitutional Court dismissing the last legal challenge to it more than nine months ago.

Buying Property from a Company – Should You Buy the Shares or the House?

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.

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