Conveyancing Perspectives
Who Appoints the Conveyancer? Your House, Your Choice
“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end
Your New House Leaks Like a Sieve – Can You Sue the Seller?
“There is no sound more peaceful than rain on the roof, if you’re safe asleep in someone else’s house.” (Anne Tyler) You move into your
Are there transfer duty implications for property options in a last will and testament?
Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware
Selling property without spousal consent – what now?
When parties are married in community of property, both need to sign agreements and legal documentation when immovable property is sold. This limits the parties to enter
Bond Clauses: Beware the Deadlines!
“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams) Here’s yet another reminder from our courts on the
Transfer Duty – No Surprises – Part 2
There are a few aspects that need to be understood in the subdivision of agricultural land, including when the subdivision of inherited farmland may cause
The Subdivision of Agricultual Land Act No. 70 of 1970 Explained: Part 1
There are a few aspects that need to be understood in the subdivision of agricultural land, including when the subdivision of inherited farmland may cause
Rights of a foreign parent with a child as a citizen of South Africa
Are you a foreign parent with a spousal residency permit, and have a child who is a citizen of South Africa? What are your rights
Lost your original title deed? What do you do?
So, your house has been sold and you are required to hand over the original title deed to the conveyancing attorney. The property is not
Transfer Duty. No Surprises. Part I
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by
Buying and Selling Property: Who Pays What Costs?
“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid
Can your neighbour object to building plans?
Nothing can disrupt a person’s life as much as a dispute between neighbours and even more so when there are building works and renovations involved.
Is a Seller held liable to repair a leaking roof after the property is sold?
Is a Seller held liable to repair a leaking roof after the property is sold? To understand which party is liable, one must appreciate the
The Seller passed away during the transaction. What now?
While concluding the sale of an immovable property, the seller will sign a power of attorney, which gives the attorney the obligation and authority to
Selling property out of a deceased estate
If an agreement for the sale of immovable property is concluded and the seller dies before the property is transferred, the sale can still
Property Sellers: Why, How and When to Choose Your Own Conveyancer
“A great deal is at stake in the transfer of fixed property. It is generally the largest single asset that a person owns and the
Cancelling Your Bond What You Need to know
Most homeowners selling their properties have a registered bond that needs to be cancelled with the financial institution that originally financed their purchase. What most
The facts of property auctions
Buying and selling properties through auction has always been a staple of the real estate market. And to this day, it remains one of the best ways to purchase properties at bargain prices. Unfortunately,
Why a Fidelity Fund Certificate is important for you and your estate agent
“I’ve finally received my qualification to practise as an estate agent, but am still waiting for my Fidelity Fund Certificate. Some people say I can
The Sale Of Immovable Property Without Approved Building Plans
Selling your house after making alterations or additions to the property without approved building plans might have certain legal implications. The National Building Regulations and
What is SPLUMA? And How it Affects Property Owners
1. What is SPLUMA? SPLUMA is “The Spatial Planning and Land Use Management Act 16 of 2013” and came into operation on 1 July 2015.
Can I be held ransom with a rates clearance certificate for future municipal debts?
“I’m in the process of selling my house. When I requested a property rates clearance certificate from my municipality they requested me to pay the
Chas Everitt – Property Signpost
Hello everyone Well, the biggest news in recent weeks was of course the national Budget presented by Finance Minister Pravin Gordhan – and not only
Download A Step-by-Step Guide for Buying and Selling a Home
Download our step-by step guide for buying and selling a home. The only thing that will go over your head is the roof of your
Bridging Finance for Estate Agents
Bridging finance gives agents peace of mind and helps them focus on what’s really important – selling. Money worries plague most of us at some
Sectional Title Levy Increases You Can Expect
“My body corporate has warned that due to recent changes in the sectional title legislation we should be expecting higher than normal levy increases. I
What Should a Conveyancer do?
Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of
What To Do In A Case of Illegal Building by My Neighbour?
“My neighbour has recently started building a new double-storey extension to his house which has dramatically impacted on my view as I now look directly
Schindlers – Wins Multiple Law Awards
Congratulations to Schindlers for winning the following awards: Corporate and Commercial Law Firm of the Year – 2016 (South Africa) – Lawyers World (Law Awards)
Suspensive Conditions in a Deed of Sale: Know Your Obligations
Imagine signing a deed of sale for your dream house and later discovering that the contract lapsed because you obtained bond approval one day too
How can I lawfully evict my tenant?
You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to
Is an online sale agreement for a house valid?
“I am in the process of purchasing a house. I recently bought my vehicle by merely signing some online documentation electronicially and it was so
Complete Piece of Mind (Prospective Seller)
Complete Piece of Mind (Prospective Seller) The sale of property has in recent years become more complex as a consequence of various newly imposed regulatory
Is jy tussen die boom en die bas met jou buurman se bome?
Jou buurman het ‘n paar jaar gelede ‘n ry bome teen julle skeidingsmuur geplant. Nou is die bome groot en takke en blare val gereeld
Water Saving Tips
With the country in the midst of a severe drought, the time to save every drop of water has arrived. Here’s how you can conserve
Chas Everitt
Goodday, Maybe it’s just me, or perhaps it’s a round of “bad news fatigue”, but the collective cloud of gloom that has been hanging over
Are higher interest rates in SA’s best interests?
To the relief of many, the South African Reserve Bank decided last week to keep the repo rate unchanged. Some experts however argue that the
Witbank Property Market is White Hot
New entrants to the property market in Witbank are boosting home sales with many millions worth of transactions per month now being recorded in the
Spotlight on Rosebank
In recent years, Rosebank has seen a major commercial facelift, most notably in the redeveloped The Zone @ Rosebank and the migration of large corporate head offices,
Which factors influence the property market
Which influences cause property values to increase? Why investing in property is the best way to go. When you buy your first home the usual
Chas Everitt
Crisp mornings and chilly evenings mean that it’s autumn – which is traditionally a season of thanksgiving for a good harvest. And we at Chas
The True Cost of Illegal Connections
A recent investigation carried out by the city of Johannesburg uncovered an electricity rigging syndicate that has cost the council around R22-million.Businesses working together with
Buying a home will get easier in 2015
Chas Everitt Go to article: Buying a home will get easier in 2015 Strong growth in the residential building sector over the next 12 months
Chas Everitt
Chas Everitt Although there has been much discussion about the tax increases announced in this year’s Budget, we at Chas Everitt think it is actually
But I Booked
Picture this: you’ve saved up all year to go on holiday and enjoy some time off at the beach with your loved ones. You’ve booked
Maddening Municipal Mishaps
“It’s no secret that many of our municipalities don’t have their houses in order and that there are homeowners who have received incorrect, often highly