Should You Step Up? The Reality of Becoming a Trustee
For many property owners in South African sectional title schemes, the Annual General Meeting (AGM) is a routine formality. But when the call for nominations goes out, you might find yourself wondering: Should I become a trustee? It is an act of service that keeps a co-existing community functioning, yet it is far from a […]
When Relationships End, the Lease Doesn’t
It’s an unfortunate reality that separation often affects both your emotions and your finances, especially when the affected couple is bound by a lease. In these situations, landlords and tenants face many risks when the last thing on anyone’s mind is the paperwork that comes with moving on. However, ignoring the admin that goes with […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
Five home ownership costs you shouldn’t overlook
It’s not all about interest rates. In a favourable interest rate environment, first-time homebuyers have a prime opportunity to enter the property market However, when it comes time to budget, potential homebuyers are urged to account for several important, but often overlooked, costs. While home loan pre-approval gives homebuyers a clear idea of what they […]
Township Property: An Untapped Market?
Much has been written about the residential property markets in South Africa’s iconic cities: Johannesburg, Cape Town, and Durban. But what of the largest townships in or adjacent to each of these cities: Soweto, Umlazi, and Khayelitsha? While the glossy brochures and media headlines often focus on city skylines and prime real estate, there’s a […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Subdivision and Consolidation of Land
Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]