The Power of the Embargo – A reaffirmation by the SCA of the Body Corporate’s right to impede transfer of a sectional title unit

In the recent decision of the Supreme Court of Appeal in the matter between The Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZA SCA 143, the court underscored the inherent right of a body corporate to block the transfer of a property by withholding a levy clearance certificate because of outstanding […]

Adams NewsAlicia HeynekeProperty Law

Buying or selling property? It is important to do your due diligence on the professionals involved.

We often hear and read about fraudulent property transactions in the media. The truth is that it happens more often than what is reported. The property sector generates a constant flow of individuals looking to either buy or sell properties which creates opportunities for fraudsters to deceive buyers and sellers alike.  The aim of this […]

Matome MatshetaProperty Law

A guide for first-time home buyers: A Conveyancer’s perspective

Congratulations on the purchase of your first property. While buying your first home is exciting, the process can often seem complex and feel overwhelming.  With this guide we hope to provide some insight to first- time homebuyers.  1) The first step to buying a home is knowing what you can afford It is important to […]

Property LawRohula Kgabu

MARRIAGES IN COMMUNITY OF PROPERTY AND CONTRACTUAL CAPACITY

There are various matrimonial property systems governing marriages in South Africa but, looking at the proprietary consequences of marriages, a marriage is either “in community of property” or “out of community of property”. Where an antenuptial contract was duly executed by the intended spouses prior to the conclusion of their marriage, and if the contract […]

Lethabo MashishiProperty Law

What to know about a property condition before signing the agreement

Concluding an agreement for the sale or lease of immovable property can be an overwhelming experience, and one can easily overlook some of the most important clauses in the agreement. The condition of the property often becomes a contentious issue after registration of the property or conclusion of a lease, when the purchaser or lessee […]

Matome MatshetaProperty Law

CANCELLATION OF A PROPERTY SALE AGREEMENT. WHAT ARE THE IMPLICATIONS?

Once an offer to purchase has been signed by the buyer and accepted by the seller, it becomes a legally binding agreement. It may happen that, once the agreement has been concluded, one or both of the parties decide that they no longer wish to proceed with the transaction. The seller may, for instance, decide […]

Lethabo MashishiProperty Law

Adams and Adams Advises Property Consortium on Landmark Student Accommodation Transaction

The Adams and Adams corporate commercial team is proud of its role in the ground-breaking transaction that saw Growthpoint launch its first local unlisted, purpose-built student accommodation real estate investment trust (REIT) and assemble a seed portfolio worth R2 billion. The firm’s corporate commercial team acted for the consortium of vendors of the REIT’s seed […]

Helgard Janse van RensburgProperty Law

PROPERTY PRACTITIONER ACT AND ITS IMPACT ON THE PROPERTY SECTOR

The long-awaited Property Practitioner Act 22 of 2019 (the “Act”) came into operation on the 1st of February 2022. The Act has brought significant changes to the property sector. Amongst others, the Act recognise the need for transformation within the property sector and the protection of consumers. As a start, the Act has broadened the […]

Lethabo MashishiProperty Law

Transfer Duty, Attorney Registration Fees, and Bond Repayment Calculators

Buying a new property isn’t as simple as getting approval for and paying off a bond. There are multiple additional taxes, fees and charges which will be payable to ultimately have the property registered in the name of the buyer. Some of the fees can be included in the bond application but others, such as […]

Property LawTrending Topics

Understanding The Deeds Office and Registration Process

When do you become the registered owner of a property? Despite common belief, the finish line when buying and/or selling property is not reached when entering into an agreement of sale or even when signing the transfer documents at the conveyancing attorney’s offices. In fact, the finish line is only crossed once the transfer of […]

Micaela Da SilvaProperty Law