Property Law & Sectional Title

Purchasing property is considered to be one of the most important decisions any person can make.

To make things more complicated, over the last decade, rapid changes in the legislation has affected all areas of the property market, including planning, development, land use, tenant debt, municipal services, transfer duties and deeds registration. 

Because of these changes, our team of professional property lawyers at Van Deventer & Van Deventer Incorporated provides innovative solutions to the ever-changing circumstances in the property market.

Property Law

The law of property in South Africa provides for one of the most advanced and secure property registration systems in the world.

There is a high degree of certainty when it comes to the ownership of property, specifically with regard to the details of owners past and present, as well as details of the extent of the property and any limitations that it may have.

Property law in South Africa ensures that the correct property is transferred to the buyer, and that the property is free of any encumbrance pertaining to the previous owner.

This means that the previous bond is cancelled and a clearance certificate is issued, confirming the full payment of rates, taxes and other levies on the property, before the property is transferred and registered by the buyer.

When dealing with property, you always deal with a substantial capital investment, therefore it is necessary to obtain legal assistance to protect your interests.

Expert advice is crucial when it comes to property law, as property transactions need to be handled and completed thoroughly in order to prevent any future difficulties.

Van Deventer & Van Deventer Incorporated - Property Lawyers Attorneys Johannesburg | Cape Town

At Van Deventer & Van Deventer Incorporated, our team of property experts are dedicated to offering the highest standard of legal services and providing personalised solutions to our valued clients, whether they are in the property market as buyers or sellers.

We advise our clients on all aspects of property law, including matters pertaining to sectional titles schemes.

Our property law services include:

  • Advising on and drafting of commercial and residential leases
  • Conventional transfers of properties including sectional titles
  • Miscellaneous applications, consents and endorsements required in the conveyancing process
  • Negotiating and drafting agreements relating to the sale of residential and commercial properties
  • Registration of all types of servitudes
  • Subdivision and consolidation of properties

For more information about our legal services, please contact us.

 

The SPLUMA Act and its Effect on Property Transfers and Developments

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Historically, provinces had their own laws to regulate land use and development in South Africa. However, in pursuit of harmonising these under each municipality to achieve economic growth, efficient use and development of land, reservation of environmental and natural resources, the Spatial Planning and Land Use Management Act was promulgated.

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Posted by Cor van Deventer on Monday, May 24, 2021 Views: 12

 

Property Sale Agreements with Lapsed Suspensive Conditions – Is Reincarnation Even Possible?

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In the conclusion of property sale agreements, parties commonly include a condition or more that must be fulfilled in order for the agreement to come into effect. These are known as suspensive conditions at law, being future events upon which the coming into force of the agreement will be dependent upon.

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Posted by Cor van Deventer on Monday, May 17, 2021 Views: 213