Who Appoints the Conveyancing Attorney During a Property Sale?
Only a conveyancing attorney, or conveyancer, is permitted to complete and register the relevant documents needed during the conveyancing process. But who has the authority to choose the conveyancer, the buyer or the seller? When Selling a Property Who Appoints the Conveyancing Attorney? Although the seller is often the one who appoints the conveyancer, some […]
Eviction Process: How to Evict a Commercial Tenant
How to Evict a Commercial Tenant as per South African Legislation The eviction process, both commercial and residential, are typically challenging to resolve and require legal intervention. However, the process involved differs somewhat between the two. In this article we will discuss how to evict a commercial tenant. Definition of a Commercial Tenant vs a […]
Conveyancing FAQs as Answered by a Conveyancing Attorney
Frequently Asked Questions About Conveyancing 1. What Does Conveyancing Mean? The term conveyancing refers to the legal procedure through which a buyer becomes the registered and lawful owner of a property. Ownership cannot be challenged if the conveyancing process was properly conducted. The registration as well as the cancellation of bonds also forms part of […]
What Are Landlords Rights in South Africa?
Know Your Rights as a Landlord In this article we will be discussing tenants and landlords rights in South Africa. The Rental Housing Act (RHA) regulates all residential rental properties. The Rental Housing Act No. 50 of 1999 outlines the rights of landlords and tenants. At the outset it is important to note that rental […]
Body Corporate’s Watch Out! The Levies You Have Raised May Not Be Legally Enforceable
Body Corporate’s Raising Levies The Sectional Titles Schemes Management Act, 2011 (STSMA) places various obligations on the Trustees of the Body Corporate as to how to properly raise levies and how to notify owners. A failure by a Body Corporate to raise levies and comply with the obligations listed in the legislation below can have […]
Lessons to Learn From the CSOS Decision on Short-Term Letting at the Blyde HOA in Pretoria
When one breaks down the recent CSOS order regarding the Blyde Home Owners Association in Pretoria, one will see that there is more to the decision than just the issue of short-term letting (STL). A number of other critical issues arise therein, which Managing Agent’s and Scheme Executives should carefully take note of. Several interesting […]
The Bond Approval Process and the Subject to Bond Approval Clause
The Bond Approval Process Buying a property typically necessitates applying for a bond or home loan, which is included in the offer to purchase as a suspensive condition or subject to bond approval clause. Thus, the sale cannot proceed unless the bond has been approved. But what does the bond approval process entail? Once all […]
Eviction Process: When May a Landlord Evict a Tenant?
The Eviction Process in South Africa Turning your home or secondary property into a source of revenue may seem like a smart solution to earn a passive income in addition to your primary source of income. But in reality, there are a number of challenges that landlords must face in order to succeed in the […]
Divorce in a Nutshell: How to File for Divorce in South Africa
How to File for Divorce in South Africa South Africa is seeing a vast increase in divorces due to many reasons. As a result, the question of how to file for divorce in South Africa arises. Despite being able to obtain a divorce order without legal representation, it is always advisable to consult with your […]
Transferring Ownership of Property: What You Need To Know
Transferring Ownership of Property in South Africa The process of transferring ownership of a property from one party to another is referred to as a transfer of property in layman’s terms. The legal term that is used to refer to a property transfer is the ‘conveyancing process’. A transfer of property ownership most often occurs […]