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From category archives: Legal Articles

Property & Conveyancing

The Difference Between Sectional Title and Freehold / Full Title

Before looking at what makes these two types of ownership different, it’s important to understand the concept of ownership and property in the context of South African law.

Protected under our Constitution, no one may be arbitrarily deprived of their property. Though, property law is largely regulated and defined by common law principles which were inherited into our legal system.

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Buying a House - Latent and Patent Defects

In South Africa, buying a property is one of the biggest decisions a person can make. However, a buyer needs to know their rights before they purchase a property so that they enter into a sale agreement that they understand.

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The Duties of a Conveyancing Attorney in South Africa

When buying a house in South Africa, we know that we must use a conveyancing attorney, but what do conveyancers actually do?

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The rights of property owners during COVID – process of eviction

It’s no secret that the impact of COVID-19 on the residential sector has caused major disruptions in the relationship between the landlord and its tenants. It is therefore important to know your rights when leasing a property.

A breach of contract occurs when one of the parties does not maintain the terms stipulated in the lease agreement.

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The Rights of the Seller and The Voetstoets Clause

Both the seller and purchaser have rights and obligations which are laid out in the purchasing agreement. This agreement must be drawn up by a conveyancer and real estate agent.

The main right which the seller may enforce in a purchasing agreement is the Voetstoots clause.

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What is the Property Transfer Process in South Africa?

With the sophisticated nature of South Africa’s property regime and the various role players involved in a transaction, lack of proper assistance can easily make the process more complex than it needs to be.

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Purchasing a property - First time home buyer guide

Purchasing a house is not only an asset, it’s also one of the most invigorating things one will ever do.

If you are fortunate enough to be able to purchase your own property, you will soon find out that it’s not as simple as buying a chocolate at the shop.

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Is it better to buy or rent property in a retirement village?

Many South African citizens will reach a stage in their lives when they will need to consider spending their golden years in a retirement village.

There are various retirement options available in South Africa, however each elderly person has their own specific needs and preferences when it comes to where they would like to retire.

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What you need to know about Compliance Certificates

Before the transfer of ownership on a property can take place, the owner must provide certain clearance certificates, namely; Electrical Certificate, Water Installation Certificate, Gas Compliance Certificate and Beetle Certificate.

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Buying a Property? Here's your legal checklist

For many people, buying a new home is an absolute dream come true. However, before putting in an offer to purchase, it's important to do a proper inspection of the property.

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