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 […]
Navigating Your Property Rights Under South Africa’s Expropriation Law
If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of “nil compensation”, it is important to look beyond the headlines. When viewed through a […]
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 […]
Possession Is Nine-Tenths of the Law: Understanding Spoliation Law
What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating […]
The Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market
Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50 of 1999, the tribunal provides a free, fair, and accessible way for landlords and tenants to resolve disputes, without the stress or cost […]
Downsizing for Retirement: Making the Move That Makes Sense
Less space. More freedom. As retirement approaches or the kids move out, many homeowners start to rethink their living space. Downsizing isn’t just about getting a smaller home—it’s about choosing a space that suits your new lifestyle. Whether you’re looking to simplify maintenance, cut costs, or enjoy a slower pace in a more comfortable setting, […]
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 […]
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, […]
Answers to Your Property Transfer Questions What buyers and sellers should know about conveyancing in South Africa.
If you’re buying or selling property for the first time, the transfer process might seem a little overwhelming. We’ve compiled a list of common questions to help you understand the key steps and make the experience a bit less daunting. What does a conveyancer actually do? A conveyancer is a specialised attorney who oversees the […]
Are You Ready to Step onto the Property Ladder?
Choosing the right time to go from renting to buying. Deciding when to transition from renting to buying can be daunting—and in the current economic climate, even those with the financial means to do so are unsure if now is the right time to do so. While there is no ‘one-size-fits-all’ answer, there are several […]