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Convey

2017
General

2017 Conveyancing Seminar

Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2017 - a MUST for conveyancers.

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This week: New financial product does away with rental deposit; residential yields to rise very slightly; and are you financially prepared to own a home?

People & News

LEAD Conveyancing Course

The deadline for LEAD's Conveyancing and Notarial Courses for 2017 is tomorrow - the 20th of January.

Sectional Titles

Paddocks Press - December 2016

This month's edition includes: Decisions requiring a special resolution ito the STSM Act; changes to Levy collection ito the STSM Act; and who makes the HOA rules?

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This week: A buyer's guide to keeping track of properties; a call for input into Joburg property rates law; and SAFLII needs donations to keep the law available to all.

e-Conveyancing

GhostTracker

GhostTracker is an online reporting tool for conveyancers designed to manage all communication with their client base regarding the progress of a property registration.

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This week: W Cape may be running out of price growth steam; Continued subdued residential building activity; and Cape Town's planning by-laws require caution.

Sectional Titles

Paddocks Press - January 2017

This month: Amending conduct rules; a background to Sectional Title scheme development in a very small nutshell; and short-term letting in sectional title schemes.

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This week: Residential Rental Monitor; low growth in household credit and mortgage balances in 2016; and what are my rights when a tenanted property is sold?

International

Modernising the process II

UK: Eddie Goldsmith, chairman of the Conveyancing Association, explains what the trade body’s priorities are for 2017 in improving the legal side of buying a home.

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This week: The age of the access-bond is not over; selling to emigrate and “semi-grate”; leave yourself room when buying property; and mortgage market transactions.

General

2017 Conveyancing webinar

Conveyancing and New Developments Update - Allen West will be holding an online webinar on the 20th of February for those who missed the January seminars.

e-Conveyancing

New steps

UK: Electronic documents validated with digital signatures will finally replace paper property deeds if a set of proposals by Land Registry is approved.

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This week: EThekwini property owners must inspect Valuation Roll; good city governance helps home values; and inter-provincial repeat home buyer migration trends.

Sectional Titles

Paddocks Press - February 2017

This month: Quorum requirements and voting procedures at annual general meetings; the CSOS duties of executives; and investing body corporate funds.

People & News

Budget 2017

Finance Minister Pravin Gordhan has tabled a generally favourable budget for property, by raising the Transfer duty threshold from R750 000 to R900 000. 

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This week: TPN Vacancy Survey Q3 2016; new developments set to outperform pre-owned homes in 2017; and the good, the bad and the budget.

e-Conveyancing

Reasons for scepticism

UK: Digital optimists have welcomed an overdue development that could make paperless conveyancing a reality after false starts. But there are reasons to be sceptical.

International

Upfront

UK: A look at why identifying client at the start of a transaction, in a way which can be relied upon by all others could speed up property transactions.

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This week: how municipal rates are worked out and what they are used for; credit and mortgage advances; and the property market enters a period of slower growth.

People & News

LEAD Eviction seminar

Cilna Steyn will be presenting LSSA (LEAD) seminars on how to simplify the eviction process and other aspects of general landlord-tenant dispute resolution.

General

New procedure

Wiseman Bhuqa outlines the new procedure for opening a township register in terms of the City of Tshwane Metropolitan Municipality Land Use Management Bylaw.

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This week: 'Hive living' increasingly popular; fears over property bill implications; a 'stabilising' mortgage market and Cape Town’s FDI strategy good news for property.

e-Conveyancing

Ambitious e-reforms

UK: The Conveyancing Association has outlined ambitious e-reforms with a digital focus central to improving homebuyers’ experience.

People & News

SA Deeds Journal

A note from Wiseman Bhuqa, editor of the South African Deeds Journal (SADJ) about a change to its distribution strategy and plans to publish it as an online publication.

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This week: Concerns mount over e-conveyancing in Australia; changes to laws make rental contracts more complex; and housing demand seems to be improving.

General

BCA Conveyancing course

The Black Conveyancers Association Training Academy with Juta and Korbitec, a LexisNexis® Company, is starting a conveyancing course for secretaries and paralegals.

General

Full names

Cape Town: CRC 6/2005 and CRC 9/2009 must be complied with in that the full names of the conveyancer signing the TDR must be disclosed with the signature.

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This week: Contraction in residential building at the start of 2017; Durban calms property owners' valuation roll fears; and Residential transactions: a turnaround in sight?

General

Conveyancing Exam - May 2016

The Conveyancing Examination will be held on 10 May 2017 while the registration deadline for the LEAD Preparation Workshop is 3 April.

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This week: EDRS Bill published for comment; Household credit and mortgage balances growth slowing; and don't rely on cooling-off period when buying a property.

Sectional Titles

Paddocks Press - March 2017

This month: Protecting body corporate funds; an introduction to retirement schemes; questions about AGMs; and naming and shaming non-levy paying owners.

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This week: Foreign property owners of UK property will have a year to declare details; rezoning or subdividing properties takes a long time; and house price indices.

General

Property related Bills

Interested persons have until the end of April to submit comments about the Property Practitioners Bill and the Home Loan and Mortgage Disclosure Amendment Bill.

Sectional Titles

CSOS Practice Directive 01/2017

Community Schemes Ombud Service Practice Directive 01/2017: Payment of levies and fees in terms of the Community Schemes Ombud Service.

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This week: More on the Property Practitioners Bill; hi-tech property exchange fuels Australian jobs growth; and the latest innovative South African real estate technology.

General

Significant Leadership Programme

The Significant Leadership Programme™ - is a leadership programme for female lawyers with a focus on the attorneys' profession and its unique business models.

Sectional Titles

CSOS Chief Ombud's Circular 01/2017

CSOS Chief Ombud's Circular 01 of 2017: Operational guidelines and clarity on the implementation of the Sectional Titles Schemes Management Act and Regulations.

e-Conveyancing

Digital signatures used

UK: Digital signatures have been used for the first time in the exchange of contracts for a residential property transaction in England - with a code replacing the signature.

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This week: Property investors eye 'Generation Rent'; a required disclosure by intern estate agents; and a bank evaluation is not a home inspection.

General

Property Valuation Act - draft Regulations

Interested persons have 60 days from April 21 to submit comments with regard to the draft regulations in terms of the Property Valuation Act (Act No.17 of 2014).

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This week: Cancelling a sale can be risky business for tax; residential building continues to contract; yet Cape Town city centre experiences a population explosion.

Sectional Titles

Paddocks Press - April 2017

The April edition includes: Levy collection in light of the ST Act, the STSM Act, and the CSOS Act; water consumption in ST schemes; and parking problems.

General

Re-introducing the Constitution

NADEL will be embarking on an enrichment course to empower attorneys by re-introducing them to the Constitution and the active role it plays in day-to-day practice.

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This week: Dealing with blacklistings; credit and mortgage advances; and the densification of Cape Town's Southern Suburbs can have significant benefits for all.

IT & the Lawyer

Legal Citator - Authoritative research

Legal Citator meets the challenge of legal research by giving users an accurate well researched and authoritative legal argument to support their case and arguments.

Sectional Titles

Nip arrears in the bud

Jack Crook highlights a recent Supreme Court of Appeal decision which puts at risk a body corporate’s right to apply for the sequestration of levy defaulters’ estates.

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This week: Joburg billing crisis 'worse than thought'; new LexisNexis office to boost PE as tech hub; rental property damage; and Residential Property Barometer.

IT & the Lawyer

Understand the technology

Law Practice Today: Three compelling reasons are given and expanded upon as to why solo and small firm lawyers need to understand their technology.

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This week: A new set of Cape Town and Gauteng indices - one booming and the other mediocre; when you need building approval; and estates need rental policies.

General

Estate problem

An interesting question has arisen and needs to be answered about how one deals with land in a Liquidation and Distribution account when nobody wants to own it. 

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This week: How to get an NQF 4 or NQF 5 qualification; subdued residential building activity; and the merits of historical municipal debt argued at ConCourt.

Sectional Titles

Section 4(2) application

Allen West discusses s 4(2) of the Sectional Titles Act which provides relief when a scheme is opened on more than one piece of land which can't be consolidated.

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This week: Understanding the terms of your rental deposit is critical; April credit and mortgage advances; and don't panic if your landlord goes broke.

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This week: The ins and outs of a commercial lease deposit; older buyers are showing the power of home equity; and the May house price property barometer.

IT & the Lawyer

Cyber newsletter

UK: The Conveyancing Association has just launched its new Cyber Newsletter which covers cyber-related issues and provides advice and support to conveyancers.

General

Occupancy Certificates

Jack Crook discusses Occupancy Certificates - what they are, who must obtain then, how they protect you and when, why and how you need to apply for them. 

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This week: Property fraud is on the rise and buyers and sellers should be vigilant; property buyers value lifestyle; and cut your price and get the jump on other sellers.

Sectional Titles

Paddocks Press - May 2017

This month's newsletter includes: Maintenance of the common property; CSOS fidelity insurance; and forcing an owner to give up a common property garden.

e-Conveyancing

PEXSA

Payment Exchange South Africa (PEXSA) - is the first South African application to provide a secure online payment settlement gateway for property transactions.

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This week: HOA space registrations should be checked carefully; flat-line rental growth comes alive; and residential construction shows double-digit growth to April.

General

Taxing income on a property sale

M v the Commissioner for SARS addresses the issue of when income accrues to taxpayer from the sale of immovable properties in the course of its trade.

General

Real estate mediation

Craig Berg discusses the value and advantages of mediation in commercial and residential real estate disputes in stopping the costs before they get to court.

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This week: Always post good listing photos;  how the modern estate agency has metamorphosed; and foreign residential property buying has declined somewhat.

Sectional Titles

The Surveyor-General is watching

A small addition to the regulations under the Sectional Titles Act adds significant protection to ST scheme owners who are subject to the developer’s right to extend.

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This week: Property Sector Code is now binding; how crowdfunding platforms democratize access to global real estate; and conveyancing needs a technological boost.

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This week: House Price Indices by major province and major metro; common property infringements in ST schemes; and can Cape Town property survive a recession?

e-Conveyancing

A start to digital transformation

UK: The Land Registry has released its Annual Report and Accounts, setting out its priorities for an ambitious digital transformation with an open approach to data.

Sectional Titles

MCS Courier - May 2017

The May 2017 MCS Courier includes: Giving notice of meetings; planning future maintenance using a MAP; and uncertainty about the proper forum for levy collections.

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This week: Smoking and braaiing in sectional title schemes, how and why to help your children onto the property ladder; and buying property when young is a wise decision.

Sectional Titles

Paddocks Press - June 2017

The June newsletter includes: The appointment and functions of an executive managing agent; when owners fail to maintain their section; and maintenance of garages.

General

Proof of valid customary marriages

Allen West suggests a solution to problems which arise when Deeds Offices insist on a registration certificate or order of court to prove the validity of a customary marriage.

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This week: More and more home buyers are faking it; interest rate drop a relief for property owners; and continued subdued levels of residential building activity.

General

Beware of fraudulent spam email

Conveyancers must be aware of incidents involving fraudulent spam emails purporting to come from WinDeed (an Offer to Purchase and a Deeds Office document copy).

Sectional Titles

Deviation due to changes

Allen West suggests that recent case law has put to rest the thorny issue around deviating from section 25(2)(a) and (b) plans when exercising a real right of extension.

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This week: Absa homeloan sentiment index; the NHBRC faces criticism; and home loan repayments are showing homeowner financial strain in the first half of 2017.

People & News

Passing of LSSA CEO, Nic Swart

It is with deep shock and sadness that the Law Society of South Africa announces the untimely death of its Chief Executive Officer and Director of LEAD, Nic Swart.

General

Fraudulent KZN transactions

The KwaZulu-Natal Law Society has issued an urgent warning to all conveyancers about a series of fraudulent transactions involving the registration of provincial land.

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This week: SA's best performing rental suburbs; in the US buying streets is a centuries old trend; and is your data safe in the cloud?

General

Section 88 - Practical ramifications

Audrey Gwangwa discusses the practical ramifications in applying section 88 of the Deeds Registries Act vis-a-vis section 21 of the Matrimonial Property Act.

IT & the Lawyer

Innovation in the digital era

The advantages of automated systems: Innovation and technology go hand-in-hand where the faster, holistic, and more self-sufficient solution is constantly being sought.

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This week: Land scarcity leading to smaller housing; selecting a commercial property asset type; banks to face a R60 billion class action suit; and digital disruptors.

e-Conveyancing

Beyond recognition

UK: Recent research has indicated that the home buying process is going to change “beyond recognition in the coming years”, with a massive growth in online channel use.

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This week: A quick guide to occupational rent; 'Voetstoots' clause still valid for property sales; and a contraction in residential building activity in the first half of 2017.

General

Beware of the 'Ides'

Audrey Gwangwa emphasises that practitioners must be aware that applications to Court have to comply with the provisions of Section 97 of the Deeds Registries Act. 

Sectional Titles

Paddocks Press - July 2017

The July newsletter includes: a new online course launched on starting a property managing agency; failure to comply with the CSOS; and boreholes in ST schemes.

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This week: Western Cape...strong, booming or bubbling? Potential disruptors to the commercial property market; and Durban considers blocking sale of indebted properties.

General

Consolidation confusion

Allen West clarifies the practice around the necessity for a lodgement of a consent by the City of Tshwane for the registration of a certificate of consolidated title.

General

Beware of the 'Ides' - II

John Christie offers further insights and reminds practitioners that applications to Court also have to comply with the provisions of section 56 of the Sectional Titles Act.

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This week: Property Barometer - House Price Index; most Cape Town properties have a right to a second dwelling; and historical debt saga: What happens next?

General

Section 88 of the DRA

Audrey Gwangwa gives a practical guide to practitioners for postnuptial notarial contracts executed in terms of section 88 of the Deeds Registries Act 47 of 1937.

Sectional Titles

LSSA comments

The LSSA has made a number of comments about the Sectional Titles Amendment Act 2017, including the view that developers need to make more affidavits.

General

A fact or a fallacy?

Audrey Gwangwa considers whether it is a fact or a fallacy that the South African deeds registration system, one of the best in the world, still guarantees security of title.

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This week: Know your rights as a neighbour; home ownership can boost your retirement income; and good economic indicators could start a property market turnaround.

Sectional Titles

MCS Courier - August 2017

The August 2017 issue of MCS Courier includes: precedents and the Ombud service; the calculation of Ombud levies; and having four member bodies corporate.

IT & the Lawyer

A zero cost calculator

A transfer, bond cost and repayment calculator is a must have tool for a conveyancing practice website. Paddy Crook, goes into the details, and it is 100% free.

e-Conveyancing

S118: Cpt - Automation of refund

City of Cape Town: The "Instruction to Process Refund" form has become mandatory in the automation of refunds for the final seller account(s) in the S118 process.

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This week: Conveyancers more than just 'middlemen'; a worldwide trust crisis forces real estate agents to adapt; and 2017 residential affordability improvements are slipping.

Sectional Titles

Paddocks Press - August 2017

The August newsletter includes: What has changed about proxies; who pays for repairs; and must the trustees send levy statements to owners in ST schemes?

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This week: Proposed Property Practitioners Bill will have far-reaching effects; residential building statistics; and upfront pricing information is important for consumers.

e-Conveyancing

A quiet revolution

Australia: A wide ranging interview with Marcus Price, CEO of PEXA, which is spearheading the property industry’s transition from paper to digital settlements.

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This week: Sectional title owners can oppose Airbnb letting; increase your chances of securing a rental; and house price indices by major province and major metro.

General

Clearance Certificate(s) question

Noëlene van der Wal wants clarity on the following question: "Who has to pay for the levy clearance certificate and who has to pay for the rates clearance certificate?".

General

Wasted costs question

A question about liability for wasted conveyancing costs payable to the conveyancer where a transaction is cancelled due to the non-performance by the seller.

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This week: Mid-Term Report by the Co-Chairpersons of the LSSA; court should demand reserve price in execution sales; and drones are useful for commercial real estate.

General

No resolution

A question involving a CC seller with a member who signed the Offer to Purchase without a resolution, a defauting buyer, who paid a small deposit, and an estate agent. 

General

Wasted costs question - II

An article from some time ago by Barry Jacoby delves further into the question posed last week in Wasted costs question.

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This week: Airbnb oversupply causes return to traditional letting; a homeowner sentiment index; and can a low commission estate agent sell your home just as fast?

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This week: October LSSA Newsletter; rental market in “mediocre” territory with negative real rental growth; and residential building activity remaining under pressure.

2016
General

317 Currie Road

Megan Gedye explains the simple and well established legal principles applied by municipalities in town planning following the building at 317 Currie Road.

General

2016 Conveyancing Seminar

Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2016 - a MUST for conveyancers.

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This week: Toll roads and transport costs now an even bigger influence on home choices; a property risk revolution; and a property barometer.

Sectional Titles

Paddocks Press - December 2015

This month's newsletter includes: building penalties in Homeowners' Associations; visitors in sectional title schemes; and a checklist for a managing agent contract.

e-Conveyancing

s118: Cpt - Admin Fee Account

The City of Cape Town has lifted the validation of the new Admin Fee process to allow a final grace period to address and resolve recurrent problems.

e-Conveyancing

Digital transformation

The Registers of Scotland (ROS) is undergoing a digital transformation, moving from a paper-based organisation to one that always does everything digitally as the first option.

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This week: on average, property buyers take 53 minutes to buy their home; ooba's property predictions for 2016; and fine-tune your marketing for a successful home sale.

General

Transfer of shares in farms

Dudley Lee questions the validity of rejecting documents because undivided shares in a farm have not been merged and are not described in aggregate for transfer.

People & News

Launch of WOLELA

Final reminder: 22 January is the last day for women lawyers to register for the first Women Leading in Law (WOLELA) leadership sessions for 2016.

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This week: Price growth in smaller properties remains robust; rental demand set to rise as property-buying declines; and property remains a copper bottom asset.

e-Conveyancing

s118: Cpt - Refund automation

The City of Cape Town is in the final stages of implementing a system, which should go live by the end of January to automate the refund application process.

 

 

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This week: Cape holds its own in slow property market; a shakeup in conveyancing from more tech startups in UK; and affordability a challenge for first time home buyers.

e-Conveyancing

s118: Cpt - Incorrect payments

An increase in the number of incorrect payments and application rejections means that as from 08 February certain problematic applications will be rejected and closed.

Sectional Titles

Paddocks Press - January 2016

This month's newsletter includes: AGM season; notice confusion around managing agent contract termination; visitor parking bays; and the nature of the pool area.

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This week: All about electric fence certificates; The FNB House Price Index’s mini-growth uptick appears to be peaking; and it's time for banks to help consumers.

General

Subsidy for new home owners

The DOH in the Western Cape has un-allocated funds for home owners and buyers with approved loans and wants as many Flisp applications as possible by April.

e-Conveyancing

A new conveyancing platform

The Law Society of Scotland in conjunction with ESPC and BDB Estate Agency Software is planning to launch a new digital platform - Altis - this year.

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This week: The myth of 5-6% p.a. house price growth – it was only 1% p.a.; First quarter Housing review; and the effect of an interest rate hike on commercial property.

General

Note removals

Schalk van der Merwe takes issue with conveyancers paying examiners to remove notes and calls on conveyancing firms to pledge to act against such behaviour. 

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This week: Old-new house price gap narrows; January CPI inflation; diversifying your property portfolio; and the UK's conveyancers have 'no room for complacency'.

People & News

Budget 2016

Finance Minister Pravin Gordhan has tabled what is seen as a generally favourable budget for property, with a new band of Transfer duty and an increases in CGT.

General

Identify the property

Diane Snyman suggests how property forming part of a divorce settlement should be described, thereby avoiding a note being raised asking for it to be identified.

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This week: Budget a double-edged sword - property experts; updated Cape Town property valuations are now available online; and steering clear of rental property scams.

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This week: Low business sentiment undermining industrial rental growth; Joburg moves to protect unsuspecting property buyers; and what agents do behind the scenes.

General

Debts clarity

Johannesburg Municipality - a notice clarifying the Municipality's policy of collecting outstanding debts before the transfer of an immovable property takes place.

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This week: How to leave property in your will; theft during open house is not covered by most insurers; and buying a home in an unstable economy.

General

Increased jurisdiction

Allen West discusses interpretation guidelines for the implementation of increased jurisdiction amounts by Master’s Offices, in terms of Chief Master’s Directive No 3 of 2014.

e-Conveyancing

e-Deeds Bill published

The Deeds Registries Amendment Bill, 2016 and Explanatory Memorandum was published on the 4th of March for public comment to be received by the 4th of April.

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This week: When landlords and tenants clash, mediation is key; what it costs to evict a tenant; and has the property cycle peaked?

e-Conveyancing

S118: Cpt - Automation Go Live

The technical solution for the automation of refunds for final accounts as part of the S118 process has been implemented, but the business Go Live will be phased in.

General

Disconnections

Chantelle Gladwin and Rogan Heale examine the legal issue of when a disconnection of water or electricity by a municipality will be lawful.

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This week: Avoid improving property beyond its realistic resale value; sole mandate queries; and the economy poses significant risk to the level of residential demand.

Sectional Titles

Paddocks Press - February 2016

The February newsletter includes: the right to privacy in a ST schemes; appointing a trustee as a caretaker; and how to  correctly terminate a managing agent’s contract.

e-Conveyancing

S118 Feedback sessions

The City of Cape Town will be hosting information and feedback sessions regarding S118 Rates Clearance, Deeds and Refund Automation processes.

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This week: Further uptick in household credit and mortgage balances growth; Political risks turn off local and foreign property; and yield compression continues.

e-Conveyancing

Gallium

Korbitec Banking Services Division has rebranded itself as Gallium, and is poised to redefine how stakeholders participate in business across organisational boundaries.

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This week: Johannesburg property valuation questions answered; FNB Property Barometer; and should you pay a large deposit on an investment property?

Sectional Titles

Paddocks Press - March 2016

The March Newsletter includes: Levy contributions authorised by trustee resolution; substitution of rules by the body corporate; and new Paddocks courses and workshops.

General

goAML

Accountable and reporting attorneys are requested to update their registration related information to access FIC's new registration and reporting platform - goAML.

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This week: The State’s herculean plans for title deeds; getting residents to agree to sectional-title security technology; and Cape Town property values continue to grow.

e-Conveyancing

Signisure

As part of the Gallium suite of intelligent solutions Signisure is a game-changing platform that simply and securely facilitates all processes at the point of contract signature.

General

Conveyancing Exam - May 2016

The Conveyancing Examination will be held on 11 May 2016 while the registration deadline for the LEAD Preparation Workshop is 22 April.

General

BCA Conveyancing course

The Black Conveyancers Association with its partners Juta and Korbitec, will be starting a foundation level conveyancing course for  conveyancing secretaries and paralegals. 

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This week: What millennial buyers are looking for; still time to object to Cape Town property valuations; and Western Cape house price growth bucks the Rand area trend.

International

Rogue client

UK - Conveyancers on both sides of a transaction are liable for the actions of a rogue seller who committed a £470,000 property fraud, the High Court has ruled.

Sectional Titles

Paddocks Press - April 2016

The April newsletter includes: When sectional title schemes should be home owners' associations; overcrowding in sectional title schemes; and children using a pool area.

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This week: building activity remains in the low single digits; considerations when renting out your property; and the latest Legal Practice Act developments.

General

A right to free basic electricity?

Chantelle Gladwin and Musa Mathebula examine legislation, government plans and policies to answer the question of whether we have a right to free basic electricity.

e-Conveyancing

S118: Cpt - Automation gone live

The technical solution for the refunds Go Live has been implemented and the business Go Live for refunds is today, Thursday, 5 May 2016 in a phased approach.

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This week: Buy-to-let has largely become buy-to-regret; sectional title owners must stick to the rules when renovating; and does curb appeal make a difference?

e-Conveyancing

Bolstered ID protection

Australia - new rules are now in place for property buyers and sellers resulting in a better safeguarding of their sale or purchase and minimising the incidence of fraud.

Sectional Titles

Disputes

Sascha Beck discusses the role of the Community Schemes Ombud Service  in resolving disputes in community schemes like flats, complexes HOAs and golf estates.

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This week: Housing Review - 2nd Quarter 2016; make extra insurance plans for show houses and letting; and estate living is on the rise in South Africa.

International

Land Registry privatisation?

UK - The majority of members of the Conveyancing Association (CA) have voted to oppose the government’s proposals to move the Land Registry to the private sector.

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This week: Occupational rent and your rights; invitation to a discussion on the Mitchell judgment; and "smaller remains better" in the financially constrained housing market.

General

Perfecting the S118(3) hypothec

Chantelle Gladwin and Rogan Heale analyse the S118(3) hypothec in the context of the general principles of perfection, and notification as applied to hypothecs.

e-Conveyancing

S118: Cpt - Application errors

An unacceptably high number of S118 automated refunds for the seller's final account(s) are being returned by the financial institutions due to incorrect banking details.

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This week: Don’t let an upfront deposit stop you from renting; recent gloomy reports about housing tell only part of the story; there's more to land reform than expropriation.

e-Conveyancing

A verification revolution

Australia - PEXA has introduced a new, more effective verification of identity standard (VOI Standard) replacing the traditional ‘100 point’ system of identification.

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This week: Household credit balances impacted by data distortions in April; the right information will assist the agent; and what is in a property advert?

e-Conveyancing

Secure communication

GhostConvey's secure communication channels protect conveyancing transactions and reduce the threat of fraud by inter alia keeping messages secret and tamperproof.

General

The last gasp

Chantelle Gladwin and Tenielle Combrinck argue that changes to the Municipal Property Rates Act  dealing with credits due to consumers after 1 July 2015 are nonsensical.

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This week: Court orders partial demolition of illegal property; continued low price growth in middle-segment housing; and new vs existing price gap is still large.

e-Conveyancing

Get strong

Prevent fraud happening by heading these tips for strong passwords, as the security of every platform/application ultimately depends on the user's password.

e-Conveyancing

Cape Town - s118 fee increase

Cape Town: Section 118 Applications - Administrative fees for rates clearance applications are to increase from 01 July 2016.

Web Bytes

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This week: How to get higher offers on empty homes; a new e-conveyancing system launches ahead of national roll-out in Scotland; and dodging economic bullets.

General

Purchasing property at auction

Sascha Beck discusses how auctions work and the different aspects of sales in execution, insolvency and property in possession of which buyers should be aware.

General

Consolidation of accounts

Chantelle Gladwin and Gary Boruchowitz write that clarity is needed about the power of municipalities to consolidate accounts for the same person for a single property. 

Sectional Titles

Paddocks Press - May 2016

The May newsletter includes: Administrative effects of a change to the PQ schedule; keeping minutes of meetings; and responsibility for boundary walls and fences.

Web Bytes

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This week: Ethekwini revenue systems will be off-line due to the migration to a new system; avoiding a bidding war; and higher rentals mean higher value growth in suburbs.

e-Conveyancing

Mangaung - s118 fee increase

Mangaung Metropolitan Municipality: Section 118 Applications - Administrative fees for Rates Clearance Applications are to increase from 01 July 2016.

General

Unequal before the law

Differences in the ability of Johannesburg's consumers to get a retrospective reduction in their municipal property valuation on Supplementary Rolls are prejudicial.

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This week: Falling import volumes could slow industrial-rental growth; low consumer confidence sees residential property slowdown; and don't eagerly alter your property.

e-Conveyancing

GhostConvey/LexisNexis integration

LexisNexis’ Practical Guidance in Real Estate, Land and Conveyancing practice area has just become available to GhostConvey users.

General

Metering disputes

Chantelle Gladwin and Lindelani Msomi examine the law regarding the onus or burden of proof on the parties when approaching a court for relief in a metering dispute.

Web Bytes

Web Bytes - 587

This week: Tenants not liable - Ekurhuleni Germiston punished for unlawful disconnection; auctioning property; and for how much security is your landlord responsible?

General

Arun

An analysis of Arun Property which considers the nature of the expropriation classification and the resultant ramifications for a valid deprivation of property.

e-Conveyancing

e-Conveyancing takes off

Australia - South Australian conveyancers, solicitors, and lenders can now completely digitally exchange property via e-Conveyancing in what is a digital transformation.

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This week: 'Silent expropriation' practices in sectional title properties; rise of the millennials: a property revolution; and the household sector is more cautious.

General

Critical appraisal of CRC 7 of 1994

Thabo Nqhome submits that without legislative amendments to the Interim and 1996 Constitutions, paragraphs 4 and 6 of CRC 7/1994 ought to be withdrawn.

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This week: Residential building activity under pressure; how delays on the market lose you money; and whether it is better to buy or to lease your commercial property.

International

Cross-marketing made effective

UK - Joe Reevy explains why cross-marketing is essential and gives advice on how attorneys can use it effectively to cultivate their clients now.

General

Rural burial sites and graves

Allen West discusses burial and visitation rights which are real rights capable of being, and should be, registered as personal servitudes against the title deeds of farms. 

Web Bytes

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This week: the South African property market remains remarkably resilient; getting used to the smaller space when down-scaling; and the latest FNB Property Barometer.

Sectional Titles

Paddocks Press - June 2016

The June newsletter includes: How Sectional Title scheme rules will be interpreted under the Sectional Titles Schemes Management Act; and cession of contracts.

General

RCR 9/2015 and CRC 1/2016

Thabo Nqhome suggests that both the RCR and the CRC be amended or withdrawn as they purport to convert an option to register property to an obligation.

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This week: Growth in household mortgage balances slowing down further; the do's and don'ts of home equity; and how and when to legally evict tenants.

General

Paragraph 3.3.6 of CRC 16/1998

Thabo Nqhome submits that the source of the principle behind Paragraph 3.3.6. of CRC16/1998 is not valid, and that it falls outside the Chief Registrar of Deed's powers.  

General

Registrar of Deeds Autonomy

Allen West discusses the autonomy of the Registrar of Deeds with regard to CRCs, Registrar's Conference Resolutions and Chief Registrar's legal opinions.

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This week: Privyseal consumer protection launch for estate agents; green buildings catching on; and municipal elections are important for property owners and investors.

General

Transfer and registration

Thabo Nqhome argues that the last sentence of paragraph 3.3.2 of CRC 16/1998 does not appreciate the subtle difference between a transfer and a registration of a transfer.

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This week: How to handle a defaulting tenant; the planning phase for new housing is contracting; and price decline in houses is not widespread by historic standards.

Sectional Titles

Paddocks Press - July 2016

The edition includes: SPLUMA, LUPA, and the Cape Town by-law on HOAs; cellphone masts on common property; and an owner's failure to maintain their section or EUA.

e-Conveyancing

No paper certificates

Australia - Paper certificates for property transactions once gave a sense of land ownership but new laws are changing that.

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This week: Just Property gives its clients homeownership tools; this year's Rode-Reim 2016 Property Conference; and liability for levies when units are sold.

General

Special offer

LSSA (LEAD) is offering a 20% discount for the Practitioner's Guide to Conveyancing and Notarial Practice to Conveyancing Seminar attendees and Webinar participants.

Sectional Titles

Paddocks Press - August 2016

The edition includes: Plans in Sectional Title Schemes; how to extend your section;  code of conduct trustees; and to chair or not to chair - the role of the chairperson.

General

The relativity of property rights

Johan van der Merwe discusses how current property rights differ from pre-constitutional rights, their underlying values, and how the CC is giving effect to these changes.

Web Bytes

Web Bytes - 595

This week: Jeremy Cronin to speak on Expropriation Bill at Rode-REIM Conference; a layman's guide to real estate jargon and blockchain could alter real estate industry.

e-Conveyancing

"Distracting" e-conveyancing law

UK - the Law Society has backed proposals to simplify the legal basis of electronic conveyancing in its reply to proposals for reform of the Land Registration Act 2002.

Web Bytes

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This week: How to evict a tenant – when to start the process; Rode-REIM Conference 2016; and will your “smart” home attract more buyers?

General

Arun - II

Jeannie Van Wyk discusses the case, its background, the subdivision process, and its implications following the subsequent implementation of SPLUMA and LUPA.

e-Conveyancing

Form filling headache

Australia – a recent change to a government form has unintentionally jammed a spoke into the wheels of the promising e-conveyancing industry.

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This week: How deregistered companies can affect commercial property sales; a green thumb for a great price; indices; and the legality of rental 'screening fees'.

Sectional Titles

Section 27

Maryke Prinsloo suggests that a simple trustee's resolution is an adequate and efficient procedure to rectify non transfer of an EUA in terms of s 27(1).

Web Bytes

Web Bytes - 598

This week: Sectional Title Schemes Management (STSMA) and Community Schemes Ombuds Service (CSOSA) Acts have been signed; and rental and building statistics. 

General

Johannesburg SPLUMA

The City of Johannesburg: Municipal Planning By-Law, 2016, which gives effect to the provisions of the SPLUMA came into operation on 1 September 2016.

General

The CPA and commercial property

Megan Harrington-Johnson and Amber Freeman discuss the relevant provisions of the Consumer Protection Act for commercial property owners who need to comply.

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This week: Improving the value of  commercial property; continued low growth in household credit and mortgage balances; and how to subdivide your property.

Sectional Titles

De-registration of HOAs

Chantelle Gladwin and Christopher Tucker explain the effect of de-registration and necessary re-registration of Home Owners’ Associations in the Companies Office.

Sectional Titles

Paddocks Press - September 2016

The newsletter includes: A community scheme's relationship with the local municipality; considerations before authorising the extension of a section; and trustee indemnity.

Web Bytes

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This week: Durban rates backlog hits property sales; middle-segment house price growth under pressure; and Ekurhuleni property owners can now pay rates online.

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This week: Key changes for trustees in sectional title schemes to implement; financial mortgage stress not as bad; and Joburg’s old village suburbs offer a vibrant lifestyle.

General

CRTs and lessees

Tetyana Lobachova discusses the question of  a Certificate of Registered Title being issued as a mortgage to a lessee over its interest in a portion of a registered lease.

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This week: Tips for first time home buyers; Sectional title levies will rise; and is it time to move towards a more attractive buy-to-let opportunity as yields start to rise?

General

Cancelling a residential lease

Chantelle Gladwin and Renand Pretorius explore the laws governing the cancellation of residential leases and explain proper termination procedures after a breach.

General

SPLUMA and LUM

Allen West details the effect of SPLUMA and the City of Tshwane Land Use Management By-Law, 2016 (the “LUM By-law”) on the registration of property in Tshwane.

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This week: Owners and banks differ on property valuations; continued slowdown in residential building activity; and should consumers trust conveyancing “dabblers”?

General

Illegal buildings

Chantelle Gladwin and Tenielle Combrinck examine the legal rights of property owners and occupiers when dealing with illegal buildings.

General

Lost views and rising damp

Jack Crook emphasizes lessons from a bitter dispute between neighbours over the loss of a view of Table Mountain from a development specifically built for its views. 

Web Bytes

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This week: Fourth quarter housing review; rental deposits don't belong to landlords or agents; and who covers what when it comes to insurance - tenants or landlords?

Sectional Titles

Paddocks Press - October 2016

The newsletter includes: An overview of the Community Scheme Ombud Service; Reserve funds and the STSM Act; and electronic communication in community schemes.

Web Bytes

Web Bytes - 605

This week: New properties on SA Monopoly board; tech in legal sector 'not just a need for speed';  transfer fee and VAT differences; and residential mortgage market outlook.

General

A question

Donald Moore has a question to ask of conveyancers about their responsibility to adjust rates and service charges between purchaser and seller.

e-Conveyancing

Transfer duty delays

A number of solutions are given to some of the issues and problems which have been delaying the processing of  transfer duty applications by SARS.

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This week: Hard hitting report says UK conveyancing system is not fit for purpose; House Price Indices; and clarity is still needed on old municipal debts.

Sectional Titles

Effect on trustees

Sascha Beck discusses the effect of the Community Schemes Ombud Services and the Sectional Title Schemes Management Acts on the responsibilities of trustees.

People & News

LSSA opposing an application

The LSSA is opposing an application to the High Court: Gauteng Division by Proxi Smart for their wanting to render certain conveyancing-related services. 

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This week: We digitally disrupted ourselves; central Cape Town living 'embraced by millennials'; and investment in residential property continues to shine.

e-Conveyancing

Modernising the process

UK: The Conveyancing Association has published a paper on ‘Modernising the Home Moving Process’ outlining a future, more certain and transparent process.

General

Town planning

Maike Gohl and Jonathan Salant discuss Pieterse v Lephalale Municipality regarding appeals to a provincial authority for town planning decisions taken by municipalities.

Web Bytes

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This week: Tenants can now rent via an online auction; continued declining household credit and mortgage balances growth; and eConveyancing starts to take shape.

Sectional Titles

Cape Registrar's Circular 03/2016

Cape Town Registrar's Circular No 3 of 2016:  Registrar's Circular 2 of 2016 is withdrawn - Revised Deeds Office practices and procedures in terms of the STSMA.

General

Taming Medusa

Chantelle Gladwin and Gary Boruchowitz highlight the most important legal principles to come out cases dealing with the impact of section 118(3) on arrear rates.

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This week: Year-on-year house price growth has steadily slowed over past 7 months; uncertainty still hangs over old municipal property debt; and Jhb heritage queries.

Sectional Titles

Paddocks Press - November 2016

This month's edition includes: Quorum requirements ito the Sectional Titles Schemes Management Act; access for disabled persons in schemes and "MR&R plans".

General

Three strikes

Chantelle Gladwin and Renand Pretorius consider whether the “Three Strikes Rule” that is often used by landlords as an instant cancellation mechanism is still valid.

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This week: Possible pitfalls around zero-rating a commercial property transaction; water restrictions weigh on landlords; and how to determine the correct listing price.

General

The year that was - 2016

As the year-end approaches we take a look at a few of the conveyancing stories, issues and articles which caught the eye of readers in 2016.

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This week: Airbnb 'rentability' may be pushing up apartment prices; a look back at another feeble year for SA's housing market and a look ahead at prospects in 2017.

2015
General

Notarial tie agreements

An updated 2011 article by Allen West adding aspects of notarial tie-agreements such as: adding or removing properties, undisclosed principle and clearance certificates. 

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This week: don’t be scared to buy solo; quality tenants are worth keeping, landlords advised; SA homes market cycle set to turn in 2015; and House Price Indices.

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This week: Websites now the prime marketing tool of real estate agencies; Property Barometer – Area value bands; and millions lost in contract calamity.

Sectional Titles

Paddocks Press - December 2014

The December Newsletter includes: adequately insuring sections; updating HOA Memorandums of Incorporation; and involving a body corporate in sectional repairs.

e-Conveyancing

National Mortgage Form

Australia - Property Exchange Australia Pty Ltd (PEXA) plans to introduce a National Mortgage Form (NMF) later this year to streamline property mortgages.

Web Bytes

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This week: Residential building statistics; what rights do you have if the landlord sells; and don't ignore the 'fall of the hammer' at an auction.

Sectional Titles

Regulation 31 cancellation

Marie Grové discusses the cancellation of a section or part of one as envisaged by the amendment of Regulation 31 read with Section 48 of the Sectional Titles Act.

General

Registrars Conference Resolutions - II

Dudley Lee clarifies a comment he made in Registrar's Conference Resolutions 2014 about the current process of drafting and passing Registrars Conference Resolutions.

General

Revisiting notarial ties

Nkuba Ngoasheng revisits the legal effect of notarial ties, predicaments with their classification and how to deal with a property subject to a notarial tie when it is sold.

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This week: landlords may sue for breach of contract; low growth in household credit and mortgage balances in 2014; and how to pay off your bond in 10 years.

General

Interdicts and forced transfers

The greatest care must be taken by all officials who receive, record, examine or withdraw interdicts to ensure that no transactions are registered in contravention thereof. 

Sectional Titles

Paddocks Press - January 2015

The January Newsletter includes: maintenance responsibilities for EUAs; a discussion of the Willow Waters HOA case; and health and fitness facilities in sectional title schemes.

Web Bytes

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This week: steady middle-segment house price growth continues; what you need to know about renting residential property; and 1st Quarter 2015 Housing Review.

General

s118 Applications

Cape Town: guidelines clearing uncertainty about inter alia payment schedules, incorrect payment procedures, and incomplete or unclear documents.

Sectional Titles

Directives and restrictions

In the January 2015 MCS Courier Tertius Maree considers the scope and limitations of members' powers to issue directives to or to impose restrictions upon, trustees.

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This week: Crystal-balling property’s performance; Residential Property Indices; and achieving an accurate valuation on property indicates an estate agent's skill.

General

s118 Pending applications

s118 Applications - Pending Planning and Building Development : A list of matters that need to be resolved and requirements met before financial values can be issued.

People & News

Budget 2015

Finance Minister Nhlanhla Nene has raised the transfer duty threshold to R750 000, decreased the rate for properties under R2.25 million, and raised it for those above.

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This week: residential building statistics; get bond insurance as well as HOC; stocks shrink as more people stay put; and how to choose the right managing agent.

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This week: Good credit habits for prospective tenants; South Africa's low growth rate will limit prospects of an all-out housing boom; and is it illegal to claim a spotter's fee?

General

Disposition

Disposition of a business of trade: if an investment company entering into sale agreements of immovable property is deemed to be a trader must be decided on its own merits.

Sectional Titles

Paddocks Press - February 2015

The February Newsletter includes: Holiday renters vs. permanent residents; does your scheme need Batman?; Wake up and smell the POPI; and installing generators.

Web Bytes

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This week: Housing demand keeps on going; New billing system 'in sight' for Durban property owners; Tax benefits of Public Private Partnerships; and House Price Indices.

General

Pre emptive right/condition

From a conveyancing point of view and for the ensuing reasons it is imperative to distinguish between a pre emptive right proper and a pre emptive right condition.

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This week: Two fundamental steps essential if body corporates are to function; property investment is a ‘good plan'; and know how you are viewed by credit providers.

e-Conveyancing

Brave new world

Australia - an article in the Law Institute Journal about the Electronic Conveyancing clause to be included in all standard contracts of sale of real estate.

Web Bytes

Web Bytes - 522

This week: How to save tax on your rental property; residential building activity levels down from a year ago; and why gearing makes property investment so attractive.

General

Examination Guidelines

Guidelines to Prepare for The Conveyancing Examination - what prospective conveyancers need to know when preparing for the conveyancing practice examination.

Sectional Titles

Paddocks Press - March 2015

The March Newsletter includes: Community Schemes Ombud service; keeping pets in community schemes; duties of a Managing Agent; and all things "Special".

Web Bytes

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This week: Pick the ‘perfect’ apartment and cut costs; Mabunda and Scott elected as co-chairpersons of LSSA; and criminal syndicates operating in Joburg's complexes.

General

Bona vacantia assets

Allen West answers the question of how the decision in Rainbow Diamonds concerning bona vacantia assets accruing to the State affects conveyancing practice.

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This week: Protect your sectional title property from devaluation; Scottish Law Society to invite tenders for digital conveyancing portal: and Rental Payment Monitor.

General

Commissioners of Oaths

Notes on regulations governing the administration of an oath or affirmation in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.

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This week: banks approve bonds to better-prepared borrowers; hijacked buildings threaten Joburg CBD; House price indices; and are three bedroom apartments worth it?

General

Expropriation Bill

The Portfolio Committee on Public Works invites interested people and stakeholders to submit written comments on the Expropriation Bill [B 4—2015].

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This week: How to get the price right for a smooth sale; property speculation 'loses its allure'; establishing a real estate brand in a new area; and short vs long term letting.

Sectional Titles

Paddocks Press - April 2015

This April newsletter includes: the special levies provisions timeline; an update on the third generation sectional titles legislation; and are sectional title rules constitutional?

Web Bytes

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This week: A tale of three cities; suspensive conditions and sales failing if you don't pay on time;  and a slowdown in house price growth could benefit less affluent buyers. 

General

A better Expropriation Bill

The Institute of Race Relations has warned that the Expropriation Bill will threaten prosperity by undermining property rights, deterring investment, and choking off growth.

General

Not the house

Dylan Bradford looks at the various aspects to be considered in deciding whether to exclude a house or the value thereof from accrual in an antenuptial contract.

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This week: Slowing trend in house price growth continues; protect your investment with a proper lease; and repeat buyers give real estate a big vote of confidence.

General

Municipal debt victory

Peter Livanos highlights Stand 278 Strydom Park (Pty) Ltd which reaffirmed that services to a new owner can't be terminated because of previous owners' debts.

e-Conveyancing

Ready for e-Conveyancing?

Australia:  the introduction of a national e-conveyancing regime in constitutes the biggest reform to the industry since the introduction of the Torrens system. 

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This week: translate amortisation into big savings; Housing Review 2015 Q2; snoozing not an option for landlords; and Agent Magazine February/March 2015.

General

Simultaneous death

Updated clarity on inheritances where the testator in a will has not specifically provided for simultaneous death or where there is no certainty as to who survived whom.

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This week: subdued residential building activity; conveyancers need to get social; and many fortunate housing pockets are bucking the declining trend in house prices.

General

Creation and lapsing

Allen West provides a review and guide to the application of the principles regarding the creation of and lapsing of fideicomissa, which are a complex part of our law.

e-Conveyancing

Increasingly online

Australia: more property transfers are moving online as states are added to the new e-conveyancing network, according to PEXA the agency overseeing the rollout.

Web Bytes

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This week: spotting a worthwhile fixer upper; emerging middle class battles with extra upfront costs of property buying; and property servitudes can have a powerful effect.

e-Conveyancing

Cape Town - s118 Applications

Cape Town: Section 118 Applications - processes for non-receipt of admin fee accounts and when Sellers' details differ from Deeds Office and City of Cape Town records.

e-Conveyancing

Absa Guarantee Hub

An interview with Dawid Malan and Michelle Ramdeen in which they discuss the Absa Guarantee Hub, what it is, its roll-out, the needs it addresses and its future prospects.

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This week: Residential Property Indices; Absa wants to regain lost market share; buying a property via a trust is not just for the wealthy and will house prices fall by 2016?

General

NEMBA

To what extent if at all, are the provisions of the National Environmental Management: Biodiversity Act (NEMBA) being given effect to in deeds of sale by estate agents?

Sectional Titles

Paddocks Press - May 2015

The May newsletter includes: a levy clearance certificate is an effective weapon; the independence and training of adjudicators; and a question of bricks being stored.

e-Conveyancing

Cape Town - s118 fee increase

Cape Town: Section 118 Applications - Administrative fees for rates clearance applications are to increase from 01 July 2015.

IT & the Lawyer

Your competition is growing

A survey of 160 small law firms reveals that they can only remain competitive by running their practices on strict business lines and by pro-actively marketing themselves.

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This week: Buyers at risk with delay of Property Practitioners' Bill; house price growth slows further across segments; and a property analyst warns against 'buyer panic'.

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This week: fraudsters force the vulnerable out their properties; yes, you can buy a home of your own; and rising rentals strengthen tenants' desire to own homes.

General

Alien and Invasive Regulations

Guidelines regarding surveys and a suggested declaration clause implementing the Alien and Invasive Species Regulations which came into effect in October.

General

Redistribution agreements - I

Allen West discusses redistribution agreements - their formative requirements; when it is lawful to enter into one; assets which may be redistributed and their foundation.

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This week: divergent trends in residential building activity; the importance of an incoming inspection on rented premises; and be careful when signing surety for a tenant.

General

Redistribution agreements - II

Part II covers the parties; the creation of reciprocal obligations between heirs; transfer duty; and post liquidation and distribution account acceptance agreements.

Web Bytes

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This week: a lot depends on the new Spatial Planning and Land Use Management Act; accurate valuations result in fair deals; and negotiating in a multiple-offer market.

General

Fica exemption question

Do the exemptions from Fica identification and verification procedures cover Bond Cancellations as they are not mentioned as a transaction requiring verification?

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This week: City of Cape Town s118 third party payments; house price indices; how a tenant's deposit is protected; and the seasoned agent is irreplaceable.

Sectional Titles

Paddocks Press - June 2015

The June Newsletter includes: body corporate insurance and trustees; and settling an argument regarding which financial year’s budget is approved at the AGM.

Web Bytes

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This week: Rode-REIM Real Estate Conference 2015; it's a muddled view as property sales drop 10% in Durban; VAT or transfer fees: who pays what and when?

General

Robertsville Property CC

Allen West argues that despite the judgment in Erf 441 Robertsville, s67 of the Town Planning and Townships Ordinance 15 of 1986 is applicable to sectional title unit sales.

Web Bytes

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This week: 'Voetstoots' and the Consumer Protection Act; 65% of home owners are bond free; and Absa survey reveals the need for pre-application consultations.

Sectional Titles

HOA question and answer

What happens when there is no mention of a HOA in the title deed or purchase agreement yet it is a condition of the local council to become a member upon purchase?

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This week: landlord need not be a property's owner; SA rights groups criticize land expropriation bill; and the risks and rewards of buying off plan.

General

Alien and Invasive Regulations - II

Answers to questions to do with the effect of declarations on sales; the requirement to remove alien invasive species; and the contact details of registered agents.

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This week: Third quarter housing review; lawyers decry Joburg's rates arrears plan; South Africa's Gini co-efficient a cause for concern; and July house price indices.

General

Alien and Invasive Regulations - III

Following an article last week and the comments received, some more clarity on the practical effect of the applicability of NEMBA to the sale of immovable property. 

e-Conveyancing

Korbitec Online Training

The Korbitec Online Training Website is a resource that has recently had a face lift and a revamp to make it simpler and easier for users to find the training material they want.

Web Bytes

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This week: Common mistakes made by home buyers, sellers and estate agents; what to do about the eyesore next door; and the law does not favour tenants.

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This week: Property and inheritance - making the right call for your and your heirs; home staging your property; and when a property lease is cancelled early.

Sectional Titles

Paddocks Press - July 2015

July sees the launch of a new look Paddocks Press; the introduction of a video insert; and discussions about tree problems, the installation of gas stoves, and tuck shops.

Web Bytes

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This week: Improved levels of residential building activity; Johannesburg Deeds Office Notice; owning heritage property; and property audit due for completion.

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This week: Tenants 'accept HOA rules' when signing a lease; credit and mortgage growth remains low; residential property indices; and are house prices about to plateau?

General

A rose by any name

Allen West discusses a number of scenarios when a woman's name changes as a result of marriage, death or divorce and the relevant registration practices.

Sectional Titles

Paddocks Press - August 2015

This month's newsletter includes: Aspects of new HOAs the initial buyers should know about; advantages of arbitration and are "bucket accounts" legal?

Web Bytes

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This week: Cybercrime and conveyancing; what late-blooming property owners need to know; and what's really happening in SA property.

e-Conveyancing

e-Conveyancing edge

Australia - A Q and A discussion about why online property transactions using Property Exchange Australia (PEXA) give busy conveyancers a competitive edge.

e-Conveyancing

Scam news

Ann Bertelsmann, editor of the Risk Alert Bulletin discusses "Friday afternoon" cyberfraud scams and warns that cyberfraud claims could be excluded from indemnity.

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This week: Consumer credit data indicates that the home ownership situation could improve; no notice required at end of fixed lease and FNB Property Barometer.

e-Conveyancing

GhostChat

GhostChat: transforming conveyancing communication - allowing attorneys and secretaries to communicate and share necessary documentation – securely, instantly.

Web Bytes

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This week: The difference between sub-letting and assignment; online property marketing key to getting property sold; and residential building statistics.

General

A Rose by any name - II

Dudley Lee discusses and gives reasons as to why he is a bit at odds with the original article - A rose by any name.

International

Assessed land logged

UK - Over 2600 football pitches worth of environmentally assessed land have been lodged on the Landmark Register.

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This week: Industrial properties desperately need a turnaround in the manufacturing and retail sectors; credit and mortgage advances; and bodies corporate explained.

Sectional Titles

Paddocks Press - September 2015

This month's newsletter includes: geyser maintenance and cost responsibilities; the powers of trustees with regard to parking; and maintenance of windows and doors.

e-Conveyancing

State of the nation

E-Conveyancing: A state of the Australian nation update and a discussion of what e-conveyancing means for a conveyancer's business.

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This week: the housing conundrum and some thoughts on how it might be resolved; continued low house price growth; and slow conveyancing equals bad PR.

International

Cappped conveyancing insurance

New Zealand - a “Capped Conveyancing” insurance policy was recently launched which allows lawyers and their clients to better manage their risks in conveyancing.

Sectional Titles

MCS Courier - July 2015

The July 2015 MCS Courier has a discussion of the implications of a number of amendments to the standard Management Rules which took effect on 1st August 2015.

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This week: Cape Town's first CBD residential survey results; tenants are not responsible for landlord's errors; and the consequences of cancelling an offer to purchase.

Sectional Titles

Sectional title changes

Draft regulations for the Community Schemes Ombud Service Act (CSOSA) and the Sectional Titles Schemes Management Act (STSMA) have been published for comment.

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This week: Single-digit growth in residential building continues; successful property investors always upgrade their portfolios; and holding out for higher rental may be costly.

General

Continuing development

As the first year of the first CPD cycle draws to a close, it apprears that some estate agents on the current cycle have failed to accumulate the required fifteen CPD points.

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This week: Shock judgment for Joburg improvement districts; Artificial intelligence to radically transform the role of lawyers; and how well do home values really hold up?

Sectional Titles

Paddocks Press - October 2015

This month's newsletter includes: Use restrictions in sectional title schemes; trustees - from nomination to termination; and the subdivision and consolidation of sections.

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This week: Tips for long distance home searches; water-saving for ST schemes; expats eye SA real estate as rand weakness continues; and credit and mortgage advances.

General

Subdivisions

Dylan Bradford considers the implications of EM and EM Engineering (Pty) Limited v KwaDukuza Municipality and Others for rates liability over newly subdivided land.

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This week: Cape Town's CCID has revitalised an area once beset with urban decay; 4th Quarter Housing Review; and most agents don't check vendor-neighbour disputes.

General

Draft Amended Code

Members of the public and interested parties are invited to submit comments in writing by the 30 December 2015, on the draft Amended B-BBEE Property Sector Code.

Sectional Titles

Paddocks Press - November 2015

This month's newsletter includes: Developer's substitution of the prescribed rules; allowing owners to maintain common property; and have you submitted your PAIA Manual?

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This week: Steady growth in residential building activity over the past three quarters; a property information session; and high property prices are 'not always a good thing'.

Sectional Titles

Increase in floor area

Allen West explains how to calculate the increase in floor area of a section for the purposes of applying section 24(6)(d) of the Sectional Titles Act 95 of 1986.

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This week:  "secure enclaves" don't contribute to greater income equality; apply for Durban rate rebate or lose out; the repo rate increase is ill timed; and luxury property trends.

Sectional Titles

Read the Rules

Jack Crook comments on a recent case which underscores the need for buyers to read and understand all the rules and regulations of an HOA before buying.

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This week: Residential market remains well-balanced, but near term weakness ahead; body corporates may disconnect utilities; and rental growth has started to slow.

Sectional Titles

Body Corporate vs nightmare neighbour

In sufficiently serious cases our courts will protect  residential complex owners from the disliked, irrational, aggressive and disruptive “Nightmare Next Door” owner.

General

Cpt - Deeds Office year end

Deeds Office Cape Town Year End Arrangements: December 2015 to January 2016 - A schedule setting out changes to the normal operations in the various sections.

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This week: Taking the stress out of year-end client communication - with GhostMarketer; deciding between multiple offers; and the November house price indices.

General

The year that was - 2015

As the year approaches its inexorable end, we cast our eyes over a number of the most newsworthy conveyancing articles and stories which we published in 2015.

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This week: Residential Property Affordability Review; Gordhan appointment good for property; a little Monopoly holiday fun and, can Feng-Shui help sell your property?

2014
e-Conveyancing

Electronic signatures

A look at the legal validity of contracts using electronic signatures and data messages in South Africa in terms of the Electronic Communications and Transactions Act.

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This week: banks' reluctance to advance large bonds to self-employed people is not unreasonable; house price indices and 2014 outlook; and to repair or sell for less?

Sectional Titles

Withholding levy clearance

Can a levy clearance certificate be withheld when unauthorised alterations to a unit about to be transferred affects common property, asks Tertius Maree in the MCS Courier?

e-Conveyancing

Guarantee Hub

Korbitec has partnered with Absa in creating the Absa Guarantee Hub which will offer conveyancers another aspect to a more secure banking and conveyancing environment.

General

Dies cedit dies venit?

Sydney Mekwe looks at issues arising with regard to when a beneficiary is deemed to have acquired a benefit due to him/her in terms of any legal instrument.

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This week: Property Barometer - Residential affordability; Residential yield review; and a Court may order a salary deduction to pay rent.

General

Historical municipal debt

Chantelle Gladwin advises that in the light of Mathabathe all Offers to Purchase should include a clause that sellers undertake to obtain a full rates clearance.

General

Trouble with trusts

Jack Crook highlights various issues when dealing with trusts in property transactions as evidenced by the case of Jansen NO and Others v Ringwood Investments 87 CC.

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This week: interest on overdue levies encourages defaulters to settle arrears; access to South African legislation now free; and the Rand and residential property.

Sectional Titles

Paddocks Press – January 2014

The January newsletter includes: levy discounts; changing all the trustees between AGMs; VAT Relative to HOAs and Bodies Corporate; and trustees withdrawing consent.

General

Vesting property in SANRAL

Khumo Makallane elaborates on the application of CRCs 1 of 2002 and 9 of 2011 and the guidance they give to dealing with vesting transfers relating to SANRAL.

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This week: Policy on Joburg suburban booms approved; TPN statistics support the logic of buy-to-let investments; and January 2014 FNB Property Barometer.

General

En commandite partnerships

Dudley Lee argues for registrations in the name(s) of general partner(s) in en commandite partnerships without mentioning the name of en commandite partners.

General

Mathabathe hidden costs

Chantelle Gladwin and Ramon Pereira draw our attention to the potential implications - 'hidden costs' - of the AD decision in the City of Tshwane v Mathabathe.

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This week: Government to audit privately owned land; Absa Housing review 2014; verbal property leases to be phased out; and the hype of redeveloping old buildings.

General

Agency and POAs

Allen West covers the nature of agency, mandants, agents, proof of agency and the registration of powers of attorney, and the formalities connected therewith. 

General

Attendance register

Pretoria Deeds Office - because some deeds are executed outside the execution room, a daily attendance register for conveyancers is to be kept at execution.

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This week: Details to incorporate into a lease contract; Lightstone's Indices; and Australia's ability to attract foreign buyers is impressive - and SA's should be similar.

e-Conveyancing

e-Services

Cape Town - Rates Clearance Automation and Portal - registration deadline for firms has been moved from 28 February to 10 March. 

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This week: residential building statistics; assets do not necessarily assist in obtaining a bond award; and exorbitant rates loom for Joburg high-rise properties.

e-Conveyancing

Guarantee Hub developments

Information for transferring attorneys about  Absa's digitally signed electronic guarantees and the characteristics necessary to confirm that they are indeed legitimate.

Sectional Titles

Paddocks Press - February 2014

The February newsletter includes: application of the Debt Collectors Act to managing agency; invalid trustee consent; and what you need to know about reserve funds. 

General

Praedial servitude basics

Allen West covers a number of general aspects about praedial servitudes, including diagrams illustrating them, and their creation, registration, modification and termination.

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This week: Former "Township" markets; strong rate of transfer revenue growth reflects a solid property market and tenants are liable when missing deadline to move out.

Sectional Titles

Reserve Funds

When the Sectional Titles Schemes Management Act comes into force, Reserve Funds for bodies corporate will be mandatory. Jennifer Paddock explains the implications.

People & News

Trust supporting documents

Meyer de Waal draws our attention to the fact that because of problems, the Cape Town Master’s Office will continue to accept old trust registration forms until 1st of April.

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This week: phasing out of verbal leases welcomed; single-digit house price growth continues; and sentiment, not interest rates, the prime driver of residential property sales.

People & News

Credit Amnesty

When the Credit Amnesty comes into effect on 1 April, existing adverse consumer information, excluding unpaid judgments, will be removed from all Credit Bureau reports.

General

Perpetuating official languages

Thabo Nqhome submits that Regulation 35(2) in the Deeds Registries Act be repealed as it creates an absurdity when conditions are referred to in the official languages.

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This week: the pitfalls of valuing vacant developable land; a breached property lease 'can be torn up'; and two scary developments for property owners.

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This week:  unapproved building plans could block property sale; changes to the National Credit Act not as drastic as some think; and residential building statistics.

General

Late property valuation objections

Chantelle Gladwin and Adam Civin examine the implications of objecting to unrealistically high property valuations outside of advertised roll inspection periods.

Sectional Titles

Paddocks Press – March 2014

The March newsletter includes: IT and sectional title scheme management; the Rental Housing Act and House Rules and can sectional title trustees be paid?

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This week: MPC's decision to hold interest rates at current levels absolutely right; Cape Town Master's Office turn around times; and new Joburg property rates and tariffs.

General

Incisions

Theo Bester explains what incisions are and how they are used in extending the boundaries of existing townships by the inclusion of surrounding farm land.

General

Credit Amnesty -II

While access to credit is to be encouraged and the recent regulations are welcome, credit providers must now ensure they are particularly vigilant when extending credit.

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This week: House price growth resilient in challenging market; City trumps province on municipal zoning decisions; and low emigration levels boosting the house market.

Sectional Titles

MCS Courier - April 2014

In MCS Courier Tertius Maree discusses the ins and outs of alterations by owners of sections; fining levy defaulters and counting requirements for quorums and votes.

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This week: Residential building activity remains under pressure; Tshwane Clearance Certificate Applications; and Rustenburg Municipality Rates Clearance Certificates.

General

High Court Rule 46

Peter Livanos is concerned that some transferring attorneys and Sheriffs are not complying with High Court Rule 46 and Form 21 - Conditions of Sale in Execution.

General

A conveyancing claim

May 2014 Risk Alert Bulletin: A conveyancing claim by a claimant against an estate for losses incurred subsequent to the Master refusing consent to transfer. 

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This week: You must be given 20 days' notice before blacklisting; Joburg reinvents itself as Africa's hotspot; and, are three bedroom apartments worth it?

General

HOA's barring business

Vanilla Street Home Owners Association v Ismail and Another addresses the knotty problem of a HOA’s powers to bar an owner from running a home-based business.

General

A tax to bin?

Nicola Sulter and Ramon Pereira argue that the courts need to declare the legal nature of refuse removal as being either a tax or a service as the ramifications are wide.

General

Pretoria Notice

Pretoria Deeds Office Notice: Account holders need to re-register their accounts and submit the required documents for the financial year by 30 May.

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This week: 2014 Election property market behaviour; South African property market giving increasingly good returns; and can house prices continue to beat inflation?

General

Kroongrond Nederzettingswet

Annette Fyfer can't understand why a consent letter is required if it is clear that the Act was repealed and therefore the condition can no longer be relevant or applicable.

General

Condonation applications

Have we, in the light of the Habitat case reached the end of the line for condonation municipal valuation applications to the MEC in Gauteng?

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This week: conveyancers must ‘find a reason for estate agents to recommend you’; pockets of decent growth; and non-compliant sellers (or buyers) can wreck property deals.

General

Master's s 42(2) Certificate

Thabo Nqhome appraises the application of section 42 (2) of the Administration of Estates Act, in the light of Registrars Conference Resolutions nos. 46/2008 and 41/2012. 

People & News

KZN Conveyancing Course

The deadline for the Black Conveyancers Association's (BCA's) conveyancing course for paralegals and conveyancing secretaries in KZN ends in one day - the 16th of May. 

Sectional Titles

How much do votes count?

Chantelle Gladwin and Gabriel da Matta discuss the three different ways in which resolutions can be passed at sectional title scheme meetings and their implications.

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This week: how the Prescription Act applies to property matters; Housing Review - 2nd Quarter 2014; and estate agents performing a crucial role in any property deal.

General

Nederzettingswet - a response

Thabo Nqhome argues that section 2A of the State Land Disposal Act, 1961 provides for the removal of a condition imposed in terms of the Kroongrond Nederzettingswet.

Sectional Titles

Paddocks Press - April 2014

The April newsletter includes: Estate agents need to understand Sectional Titles; Tips for Sectional Title insurance; and Exclusive Use Area: extension vs improvement.

Sectional Titles

Shared expenses

Chantelle Gladwin and Gabriel da Matta explore the different ways in which the common costs of running a sectional title scheme can be charged.

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This week: Society to open web system to all conveyancers; property laws 'imperil plans worth billions'; and; Offers to purchase don't always lead to property sales.

General

Polygamous proprietary consequences

Legal certainty for the proprietary consequences of polygamous customary marriages is lacking, in the absence of answers from the courts and legislature. 

e-Conveyancing

PropLaw meeting

A report back of the CLS Property Law Committee meeting with the deputy Mayor and senior City officials regarding problems with rates clearances and refunds.

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This week: No reason for share block properties; SA's property sector contributed R191.4 bn to the economy in 2012; and Bank valuations can derail bond applications.

General

Mistaken transfer

Nkuba Ngoasheng discusses Bester and Others NNO v Schmidt Bou Ontwikkelings CC - a case of untangling the faulty knot when property is mistakenly transferred.

Sectional Titles

Paddocks Press - May 2014

The May newsletter includes: how the trustee decision system works; understanding community scheme finances; and the repair of interior damp.

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This week: how to ensure a value for money purchase; residential building statistics; and realism is returning to sellers' attitudes.

e-Conveyancing

Forging ahead

RatesClearance.com is well on track to meet the deadline of 1 July 2014 in rolling out Advanced Electronic Signatures (AES) to Councils.

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This week: E-conveyancing could reduce transaction to five days; Rawson sceptical about the benefits of interest rate hikes; and Durban battles with deceased estates.

General

Explain

Transferring attorneys need to explain Clearance Certificates to their clients and the ramifications of the debts outside of the two year period when transfer is effected.

General

Admin fee increases

As from the 1 July 2014 new administration fees will come into force for rates clearance applications in Cape Town. Incorrect payments will be rejected and the case closed. 

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This week: Printing woes halt Johannesburg building plans; Credit Amnesty Act does not write off debts; and is buying investment property with friends a good idea?

General

Mistaken transfer - II

Johan Gijsbers agrees with Ranald Vise regarding rectification transfers and notes further points about such transfers apropos the article Mistaken transfer.

General

Form R

Thabo Nqhome submits that Form R should be identified as a CRT issued under s43 (1) and a new form be designed for a CRT issued under s43 (5).

General

Mistaken transfer - III

Dudley Lee gives the reasons as to why in the Schmidt Bou case reviving the title was not a possibility and why a "transfer" was therefore the only option.

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This week: Three major challenges face estate agents today - and all call for skill and perseverance; buy strategically and protect your future; and residential building statistics.

e-Conveyancing

EFT Payment process

The City of Johannesburg has implemented an easier and cheaper way for attorneys to pay for clearance certificates via EFT (Electronic funds transfer).

General

CRC 9/2014 – a response

Thabo Nqhome argues that in terms of CRC 9/2014 only Provincial Governments and not local authorities are competent to apply to transfer their properties to municipalities.

General

Temporary relief

Temporary relief for developers in terms of Section 18B of the VAT Act of 1991 ends on 1 January 2015 and current draft taxation laws suggest it won't be extended. 

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This week: Help for homeowners who are under water; make greater use of paid experts in sectional title schemes; and lease cancellation may be grounds for damages.

General

Foreign property

Allen West offers some clarity on the thorny issue of the devolution of immovable property emanating from a foreign estate.

General

Mistaken transfer - IV

Thabo Nqhome opines that when the SCA dismissed the appeal, it had in mind an order that was, in part, materially different from that actually granted by the High Court. 

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This week: Stable house price growth for 2014; Foreigners buying more SA real estate; and many residential areas' price growth are way ahead of the national averages.

Sectional Titles

Paddocks Press - June 2014

The June Newsletter includes: trustees and rule-making; business strategy; luxurious and non-luxurious improvements to common property; and waterproofing.

General

Servitudes as security

Allen West answers the question as to whether servitudes can serve as security under a mortgage bond.

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This week: Property market steaming ahead; why your home is an asset; check contract before deducting costs from rent; and five essentials of sectional title insurance.

Sectional Titles

MCS Courier - July 2014

In MCS Courier Tertius Maree discusses Regulations 7 to 14 of the Retirement Schemes Act; calculating votes for a quorum; and amending levies dispensation rules.

General

Application fees

On 1 July 2014 new revenue clearance application fees came into effect for rates clearance certificates for eThekwini Municipality.

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This week:  'Arrogant' municipality slated over property transfer ineptitude; why owning beats renting; and five Rural Development and Land Reform Bills to be introduced.

General

New scam

Ann Bertelsmann highlights the latest conveyancing scam doing the rounds  in which the conveyancer's and purchaser's emails are intercepted and addresses spoofed. 

e-Conveyancing

Conveyancing Portal

The Law Society of the UK is to launch the Conveyancing Portal, an online service that will help solicitors and licensed conveyancers save money and time.

Sectional Titles

Paddocks Press - July 2014

The July Newsletter includes: the reduction of the prescribed interest rate; levies when the year end has changed; and 10 questions before an owner alters common property.

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This week: New laws spawn uncertainty over property rights; Rode-REIM Real Estate Conference 2014;  and capacity is not the only issue for conveyancers.

General

Power to act

Does an executor or representative have the power to enter into a transaction prior to his or her appointment by the Master, and if not can the registrar reject related deeds?

General

Notarial tie question

Allen West answers a question from Rowan Harrison about the transfer of notarially tied properties held by different individual owners. 

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This week: buyers are still keen, despite rate increases; a misconception about there being a rent increase ceiling; a Property Barometer; and golden rules for home buying.

General

Waiver of legal exceptions

An awareness and understanding of what the legal exceptions in mortgage bonds mean, will give clarity on the impact of their waiver. 

General

Royal Anthem - Discussion

Ken Mustard discusses Royal Anthem Investments in the light of s 1 of the Prescribed Rate of Interest Act and considers options for conveyancers faced with a similar claim.

e-Conveyancing

s118 Escalation adjustments

Cape Town has adjusted its communication platforms and workflow for S118 applications and escalated matters; and conveyancers need to register for E-Services.

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This week: How to buy a house when sellers are in charge; July 2014 House Price Indices; and how you can tell if you are buying into, or selling in a sellers' market.

General

Bilateral or unilateral execution

Allen West discusses the requirements to be used in determining whether a notarial cession of a personal servitude must be executed bilaterally or unilaterally.

General

Rates Act assent

President Zuma has signed into law the Local Government: Municipal Property Rates Amendment Act.

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This week: Rode-REIM Real Estate Conference; Electronic Deeds Registration Bill promises relief; Housing Review; and residential property is a safe haven asset.

Sectional Titles

Legality of rates on EUAs

Chantelle Gladwin and Gabriel da Matta argue that municipalities should not charge sectional title owners separate rates for sectional title units that are actually EUAs.

General

Conveyancer's responsibility

It is the conveyancer's legal responsibility to protect the interests of the purchaser and the seller when answering the question: "For whom does the conveyancer act?"

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This week: Don't fix your rate - reduce your balance; title deeds and property insurance; land tenure is 'a two-way street'; and the household sector has little to cheer about.

General

Preventing delays

Ulrik Strandvik recommends a number of steps for sellers to implement and bear in mind in order to prevent delays in transferring property which they have sold.

General

Legality of rates on EUAs -II

Donald Moore raises a number of points and argues that the trick is to make sure the values are correct and object to the valuation in the valuation roll if the values are wrong.

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This week: Save R320 000 on a R1 million property; commercial versus residential property as an investment; and property leases buttressed by case and common law.

General

Did you know - VI?

Allen West continues with more conveyancing facts about inter alia Notarial tie agreements; lost or destroyed rules of a scheme; and untraceable bondholders.

Sectional Titles

Extension by EUAs only

Donald Moore needs a definitive answer to the question of whether a plan approved by the SG can be registered under either s 25(1) or s 27(2) when neither is indicated.

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This week: Absa August House Price Indices; Lightstone Residential Property Indices; and when is a property deposit refundable?

Sectional Titles

Paddocks Press - August 2014

The August Newsletter includes: loans to body corporate staff; body corporate functions with regards to insurance; and liabilities for levies when a unit changes hands.

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This week: who pays for the upkeep of rental properties; home-buying homework for millennials; no maintenance, no home-loan; and residential property affordability.

General

Debtor substitution

Some clarity in the legal debate about the application and interpretation of the provisions of section 57 of the Deeds Registries Act regarding the substitution of a debtor.

General

Urban Development Zones

Graeme Palmer discusses the requirements, nature and benefits of the Urban Development Zone tax incentives which have been extended from March 2014 to March 2020.

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This week: Strongly growing planning phase of residential building activity; E-conveyancing will mean more competition, inquiry told; and at expiry, a property lease changes.

General

Purchasers protected

Denoon Sampson highlights little known amendments to s 118 of the Municipal Systems Act that protect purchasers from being sued for the sellers’ municipal debt.

General

Reversionary right practices

Allen West discusses the practices and procedures surrounding the interpretation, differentiation and implementation of reversionary rights under different scenarios.

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This week: Unlocking the value in ‘abandoned’ sectional title units; property sales upswing 'best since recession'; and what you need to know about land loans.

Sectional Titles

Paddocks Press - September 2014

The September Newsletter includes: specializing in sectional titles; investing body corporate funds; the role of chairpersons; swimming pools; and inflation percentage increases.

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This week: How to double your chance of getting a home loan – and a good rate; a ruling for property owners against banks; and September House Price Indices.

e-Conveyancing

Guarantee Hub

As Standard Bank now accepts digitally signed electronic Guarantees issued off the Absa Guarantee Hub here is a guide to identify the key elements of a valid one.

General

Liquidation of COs and CCs

Allen West draws attention to the liquidation of companies and close corporations and the lodgement of bonds for disposal in terms of s 56(1)(b) of the Deeds Registries Act.
 

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This week: smaller houses show the strongest growth; do your sums before you downscale; keep calm and don’t overprice; and many don't comply with building regulations.

General

Contingent Usufructs

Allen West discusses the registerability of contingent usufructs  and related matters including their effect on transfer and mortgage, multiple holders and concurrent usufructs, 

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This week: Bequeathing property in your Will - how it can go wrong; Residential building statistics; and Law Society invests £5m+ in online conveyancing project.

General

Cession of personal servitudes

Allen West gives his opinion on the dilemma faced by registrars of deeds over whether the cession of personal servitudes are capable of being registered.
 

IT & the Lawyer

Email v Social Media

Jack Crook shows how and why legal practices should integrate the various benefits of email and social media to make every cent of their marketing spend count.

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This week: Household credit and mortgage balances growth remains low; guidelines for selecting a managing agent; and what are the implications of a renewal clause?

General

Forfeiture of benefits

The court must specifically refer to the immovable property being forfeited before it can be endorsed ito section 45 of the DRA so that the beneficiary spouse can deal with it.

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This week: Think before signing estate agent mandates; Housing Review - Q4 2014; Rates Clearance Feedback sessions; and when to use home equity.

e-Conveyancing

Full functionality

Australia’s first national e-Conveyancing platform, Property Exchange Australia (PEXA), has just launched its full functionality offering in New South Wales.

Sectional Titles

Cancellation of a section

Marie Grové proposes that the correct procedure to be followed to cancel a Section (Unit) in a sectional title scheme, is that contained in Section 48 of the Sectional Titles Act.

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This week: housing market is steaming ahead;  reasons for preserving your home equity; problems faced by developers of affordable housing; and Absa House Price Indices.

Sectional Titles

Paddocks Press - October 2014

The October Newsletter includes: off plan sale concerns; regulating managing agent fees; pre-purchase sectional title reports; and trustees contracting with third parties.

General

OHS Construction Regulations

Chantelle Gladwin and Adam Civin on the impact of the 2014 Occupational Health and Safety Act Construction Regulations on "clients" and managing agents.

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This week: Co-ownership of property means co-liability; don't wait with your compliance certificates; top five defects to look for in property; and residential building statistics.

Sectional Titles

A dog's life

Jack Crook highlights the necessity for buyers to fully understand the rules they are agreeing to, while management associations must draft them clearly and enforce them.

Sectional Titles

Section 25 check-list

A check-list for the exercising of an extension of a sectional title scheme in terms of section 25 of the Sectional Titles Act.
 

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This week: 10 Years of FNB Property Barometer: From boom to bust and back to sanity; consent needed to amend lease; and seven signs that you need a new nest.

e-Conveyancing

Affordable Housing Transfers

With the many affordable housing projects in South Africa GhostConvey has developed Affordable housing transfers, a solution for conveyancers handling these projects.

Sectional Titles

Paddocks Press - November 2014

The November Newsletter includes: Notice periods for general meetings; video update on the CSOS; and, are tenants subject to the Sectional Title Scheme's rules?

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This week: City centres hold best prospects for buy-to-let investors; what to do if negotiations stall; renting 'long-distance'; and household credit and mortgage growth slows.

Sectional Titles

Section 25 check-list - II

In response to Allen West’s Section 25 check-list article, John Christie highlights some of the many problems conveyancers have with the Sectional Titles Act.

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This week: Deeds Office Cape Town year end arrangements; house price indices; what makes a good conveyancer in the 21st Century; and are e-mail lease changes valid?

General

2015 Conveyancing Seminar

Allen West presents his annual overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2015.

e-Conveyancing

Ireland's e-Conveyancing revolution

The biggest revolution of the conveyancing system in Ireland has begun with the start of the implementation phase of the Law Society’s eConveyancing project.

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This week: amended Cape Town Deeds Office year end arrangements; Cape Town rates clearance delays; and keep your short term holiday tenant in control.

2013
General

The year that was - 2012

As the year approaches its end it is time to have a quick look at a summary of the most important conveyancing stories, issues and articles which we covered in 2012.

General

Don't lose defect cover

Wanting to to build your own dream home this year? Know that you have strong statutory protections against poor workmanship and structural failure writes Jack Crook.

Sectional Titles

Attend the AGM

Anton Kelly asks, and answers the question about what an owner can achieve by attending his/her sectional title's AGM.

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This week: paying the price for a delay in property eviction, the suitability of keeping a home loan open, and a slightly weaker outlook for house price growth in 2013.

Sectional Titles

Section 27A Exclusive Use Areas

Donald Moore contends that failure to disclose that a section 27A EUA is part of the subject matter of the sale, amounts to bad conveyancing and professional misconduct.

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This week: Conveyancing Association pledges to demystify industry, Property Barometer - Home Buying Estate Agent Survey, and demand a receipt for rental payments.

Web Bytes

Web Bytes 416

This week:  Comprehensive housing reviews from Absa and FNB, eThekwini takes years to register properties, and hurdles to exploiting a R50bn property sector.

e-Conveyancing

Search Smarter

GhostConvey has just launched fully-integrated Deeds Office searching, allowing Conveyancers a convenient and direct link to live data from Deeds Office databases.

Web Bytes

Property 24/10 - 142

This week on Property24.com: Tips for buying sectional title homes,  mistakes to avoid in home insurance, occupational rent payments, and cancelling a sole mandate.

Web Bytes

Web Bytes 417

This week: Latest developments on the Legal Practice Bill, Joburg's illegal building chaos leads to rapid urban decay, and some Property Barometers to mull over.

General

Vesting transfers and expropriations

Sydney Mekwe and Wiseman Bhuqa examine deeds office practice with regard to the transfer of ownership by way of expropriation and vesting. 

Sectional Titles

Equal "per owner" levies

Graham Paddock discusses the practical requirements when a scheme wants to charge levies on an equal "pro rata" basis, either for all expenses or for specified ones.

People & News

Property values

Cape Town homeowners who want to contest property valuations must realise that it is not a process that should be entered into without sufficient grounds.

Web Bytes

Web Bytes 418

This week: Legal Practice Bill - Public hearings on 19 and 20 February 2013, laws to clarify issues around coastal properties and house price growth continues.

Sectional Titles

Paddocks Press – January 2013

The January sectional title newsletter deals with HOAs and the new Companies Act, property's unique investment characteristics and individual electricity meters.

Web Bytes

Web Bytes 419

This week: 2013 - The year of the rolls, properties in trust too risky for many banks, and Ooba statistics show positive start to 2013.

e-Conveyancing

Common eFiling queries

A list of frequently asked questions and their answers about the new SARS eFiling system which went live a month ago. 

Sectional Titles

Paddocks Press – February 2013

The February sectional title newsletter deals with choosing a good managing agent, occupational health and safety, and 30 years of the Sectional Title Survival Manual.

Web Bytes

Web Bytes 420

This week: Autocratic management 'create havoc' in sectional title schemes, residential building statistics and computers have depersonalized loan applications.

Sectional Titles

MCS Courier - March 2013

In Issue Number 43 of MCS Courier Tertius Maree discusses the validity of invalid rules, improvements to common property, change of use, and Management Rule 31(2). 

Web Bytes

Web Bytes 421

This week: Property Barometer - February 2013, 'It is fraud to load property price for a higher bond', and property deals go hi-tech in Tasmania.

Sectional Titles

Choosing a good managing agent

When choosing a managing agent these days one has to find suitable candidates with an established track record of integrity and reliable references.

Web Bytes

Web Bytes 422

This week: 'Deposit drag' keeps property market 'on a choke-chain', new Cape Town Zoning Scheme (CTZS), and House Price Indices - February 2013.

General

Deeds Act Amendments

The amended regulations, dated 14 March 2013, are effective from 15 April 2013 and must be applied to all deeds lodged after such date or documents executed thereafter.

General

Conveyancing scam - 2

The Attorneys Insurance Indemnity Fund (AIIF) started receiving notifications from conveyancers about a particular conveyancing related scam at the beginning of 2012.

Web Bytes

Web Bytes 423

This week: conveyancing deductibles in respect of indemnity claims, a jump in residential demand, building statistics, and check that buyers have sold their properties.

General

To be expressed

Regulation 29 of the Deeds Registries Act 47 of 1937 which concerns the description of immovable property has been amended with effect from 15 April 2013.

Sectional Titles

Amended Sectional Titles Act

The amended regulations will become effective from 15 April 2013 and apply to all deeds lodged after such date and/or documents executed subsequent to such date.

General

Correcting misconceptions

Donald Moore corrects some misconceptions about the legal nature of certificates and their need as a prerequisite for a transfer to be registered. 

Web Bytes

Web Bytes 424

This week: emigration and foreign buying, check zoning laws before you buy a property to rent and growth in industrial rentals heating up, but we’re not out of the woods yet.

Sectional Titles

Maintenance of a section

Anton Kelly discusses the circumstances under which a body corporate could intervene when an owner has failed to maintain his section to the detriment of other sections. 

Sectional Titles

MCS Courier - April 2013

In Issue Number 44 of MCS Courier Tertius Maree takes issue with the latest amendments to some of the standard Management Rules of the Sectional Titles Act.

Web Bytes

Web Bytes 425

This week: Property Barometer - March 2013, tenants have right to peaceful use of property, and consolidation of sectional title units is permitted by law.

Web Bytes

Web Bytes 426

This week:  phantom offers for your property, house price growth slowing, yet household need for greater residential fixed investment  is gradually growing.

General

New s118(3) process

On the 1st of May 2013 the City of Cape Town will be implementing a new process to enforce the payment of costs when rates clearance certificates are applied for. 

Web Bytes

Web Bytes 427

This week: New online sectional title courses, an improvement in the home loan approval rate and a study says that affordable property is key to wealth creation.

People & News

Intern logbook

The Estate Agency Affairs Board is wanting to introduce a mandatory one-year programme, to be completed by all intern estate agents, as from 2 January 2013.

Sectional Titles

Complex sales and transactions

Graham Paddock writes that sectional title transactions are complex because some degree of permission or cooperation from the community of sectional owners is needed.

Web Bytes

Web Bytes 428

This week: Bill paves way for streamlined conveyancing, housing inertia hobbling economy, and February residential building statistics.

Sectional Titles

Partition of sectional title units!

Tania Shawe writes that the Sectional Titles Act needs to be amended to specifically provide for the partition of sections, EUAs and real rights of extension. 

Sectional Titles

Paddocks Press – April 2013

The April sectional title newsletter deals with share block and sectional title conversions, arrear levies of insolvent owners and are the trustees liable for owners' safety?

Web Bytes

Web Bytes 429

This week: Joburg inner city property returns beat suburbs, growth in industrial rentals heating up, and year-on-year average house price growth starts to accelerate again.

General

Partition agreements

In terms of 26 of the Deeds Registries Act and a partition agreement joint owners of a piece/s of land may redistribute it to become owners of  their own portions.

General

Fica rules and property sales

Answers are given to a Fin24 reader who questions the Estate Agency Affairs Board’s power to regulate property sales outside of Fica legislation.

Web Bytes

Web Bytes 430

This week: Housing review - Second Quarter 2013, more bonds being granted, but banks remain strict, and being self-employed means you’re high risk.

Sectional Titles

Preventing fires

Graham Paddock discusses the body corporate's obligation to ensure that a scheme has adequate fire insurance and has taken action to prevent fires.

General

Fixing marital status errors

Where immovable property vests in a married person described with an erroneous marital status such vesting can be rectified in terms of section 4(1)(b).

Web Bytes

Web Bytes 431

This week: New electric fence regulations to be implemented, property purchasing in South Africa is being driven by a tech savvy younger generation, and April indices. 

General

Deeds Registries Amendment Bill 2013

The Minister of Rural Development and Land Reform gave notice on the 15th of May that he intends to introduce a Deeds Registries Amendment Bill this year. 

Sectional Titles

Sectional Titles Amendment Bill 2013

The Minister of Rural Development and Land Reform gave notice on the 15th of May that he intends to introduce a Sectional Titles Amendment Bill this year. 

Web Bytes

Web Bytes 432

This week: WinDeed introduces a Deeds Office sequestration search, SA properties are getting smaller, and traditional checks on estate agents are no longer valid.

General

Property Valuation Bill 2013

The Property Valuation Bill, 2013 was recently published by the Minister for Rural Development and Land Reform in the Government Gazette for comment.

Web Bytes

Web Bytes 433

This week: an expensive property fraud, the coast is threatened, credit and mortgage advances, and the Restitution of Land Rights Amendment Bill is published.

Sectional Titles

Paddocks Press – May 2013

The May sectional title newsletter deals with the complexity of sectional title property dealings, insurance, noisy neighbours, storm water damage and levies paid in advance.

General

The object of a right of habitatio

G K Makallane submits that the known interpretation or application of the concept of habitatio has been flawed for far too long.

Web Bytes

Web Bytes 434

This week: May 2013 Property Barometer, new construction 'poses a threat to property prices', and how will inflation impact on property investors?

Sectional Titles

Battered Rule 31

A mistake often made is to assume that common expenses, particularly those perceived to benefit owners equally, such as security arrangements, should be paid equally.

Web Bytes

Web Bytes 435

This week: House Price Indices - May 2013, essential provisions of a property lease agreement, and electronic conveyancing is just around the corner in Australia.

e-Conveyancing

GhostConvey eThekwini integration

During July, Korbitec Municipal Services will be going live with eThekwini Municipality thereby giving you simpler access to online rates from within GhostConvey. 

Sectional Titles

Creation of EUAs

Marie Grovè explores a number of the different ways in which exclusive use areas are created, and the documents which need to be lodged by conveyancers. 

e-Conveyancing

PEXA launches in Victoria

On Tuesday NECDL announced that Property Exchange Australia (PEXA) had launched in Victoria with its first e-conveyancing transaction - a discharge.

Web Bytes

Web Bytes 436

This week:  'Cover clauses' on mortgage bonds, property market is not flying but neither is it flat, electric fence certificates, and a tenant 'has right to sub-lease a property '.

General

Shares in land

Allen West discusses the practice and procedure to be followed pertaining to shares in land and to their relevant paragraphs in deeds.

Web Bytes

Web Bytes 437

This week: Rode Conferences 2013, selling power: Joburg landlord gets a shock, local authorities' rulings wreck developments and is technology all it’s cracked up to be?

Web Bytes

Web Bytes 438

This week: Property Barometer - June 2013, Auction Alliance wins legal challenge on estate agency inspections, and listed property is a good bet, even in volatile times.

General

Validity of polygamous marriages

Ngwenyama v Mayelane gives legal certainty to the requirements for the validity of polygamous customary marriages, these and a citation question are discussed.

Sectional Titles

Paddocks Press – June 2013

The June sectional title newsletter deals with steps to becoming a managing agent; a closer look at the relationships of the tenant-landlord-body corporate triangle; and fines.

Sectional Titles

Section 15B(3) Certificate contents

Allen West covers the different variations and possible loopholes of Section 15B(3) Certificates of which cognizance must be taken to ensure they are correct.

Web Bytes

Web Bytes 439

This week:  Affordable housing finance means lower defaults, June House Price Indices, the soaring costs of Durban's billing system, and interdicts on property for sale.

General

Electric fences revisited

To certify or not to certify that is the question: asks Milton Koumbatis, in a comprehensive commentary on the controversy surrounding electrical fence certificates.

General

Mortgage bond security

Case law allows for a usufruct and perhaps a habitatio to serve as security, but could other personal servitudes which are res in commercio also possibly serve as security?

Web Bytes

Web Bytes 440

This week: "Oldies" continue to be a strong driver of residential sales, a property owner's rights are absolute, and Paddocks Private Consulting is back.

General

Rejection guidelines

Some hard and fast rules as to when a deed or document shall be rejected are needed, so that the profession and the deeds registries are on the same page

General

The new Expropriation Bill

An analysis by Milton Koumbatis of new Expropriation Bill in the context of s25 of the Constitution and its interpretation; unresolved issues; and the Property Valuation Bill. 

Web Bytes

Web Bytes 441

This week: home buying by race, residential building statistics, great demand for 100% home loans - but banks resist, and a note on the July interest rate decision.

General

Qualification of conditions - I

A guideline of the practices regarding the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.

General

Qualification of conditions - II

Part II of the guideline of practices about the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.

Web Bytes

Web Bytes 442

This week: clear signals that rental market fundamentals are strengthening, Housing Review, and common law applies if no date is set for rental payment.

General

Faulty registration rectification

How does a registrar of deeds resolve a scenario when an error causes the same land to be registered in the name of one person under two different title deeds?

Sectional Titles

Paddocks Press – July 2013

The July newsletter deals with communication between managing agents, trustees and owners; Profs Qs and As; and tampering with the minutes of meetings.

Web Bytes

Web Bytes 443

This week: Cape Town Master's Office is moving;Property barometer - holiday towns, July house price indices, and Johannesburg objects to 63 000 property valuations.

Sectional Titles

Calculation of deviation

An explanation by way of example of the calculation of the deviation of the participation quota as contemplated by section 24(d)(i) of the Sectional Titles Act.

Web Bytes

Web Bytes 444

This week: Regional migration trends, qualification reprieve for estate agents, the mandament van spolie, and banking changes improve access to property ownership

General

Deeds examiners beware

A proposed amendment of section 99 of the Deeds Registries Act by the Deeds Registries Regulation Board, will have dire consequences for deeds examiners, take heed.

General

S 118 rejections

Cape Town - effective Monday 02 September, all incorrect or incomplete S 118 applications submitted or incorrect payments made, will be rejected and the application closed.

Web Bytes

Web Bytes 445

This week: Common property in older buildings often mistakenly listed on plans; after sales service of good agents; and more homes are being built and upgraded.

People & News

Own tomorrow

Hear John Loos, Mike Stopforth and Rivaj Parbhu. Workshops with WinDeed’s Colin Day on the benefits and pitfalls of using public domain data sources; on management reports; and on marketing technology - for free.

Sectional Titles

Owner going under

Jack Crook writes that until the Supreme Court of Appeal rules definitively, HOAs should consider themselves at risk when an owner’s estate is liquidated/sequestrated.

Web Bytes

Web Bytes 446

This week: Seaside homes in South Africa are competitive, the NCA is often harsh on potential lower sector home buyers, and Joburg billing address confusion continues.

People & News

Own tomorrow - Jhb

Three diverse, fascinating speakers had Own Tomorrow conference attendees enthralled in Cape Town and Durban this week, as they will in Johannesburg next week.

Web Bytes

Web Bytes 447

This week: August 2013 House Price Index, ruling breaks new ground on property approvals, and an increase in buy-to-let investors is beneficial for property developers.

General

Rejection guidelines - II

Dudley Lee takes issue with and has a number of comments, concerns and reservations about the article Rejection Guidelines published in July.

General

Tshwane Municipality v Mathabathe - II

Dudley Lee - Municipalities are abusing their power by using rates clearance as their principal debt recovery tool, and are scaring conveyancers into issuing undertakings.

Web Bytes

Web Bytes 448

This week:  eThekwini Municipality embraces the future with electronic rates, a property 'agent' must provide proof of mandate and FNB's Housing Affordability Review.

Sectional Titles

Consent levels

Jennifer Paddock provides us with a cheat sheet of the consent levels necessary for body corporate decisions. 

IT & the Lawyer

Exciting times

Jack Crook writes that client newsletters remain the best, most professional and cost-effective way of remaining top-of-mind with your clients and prospective clients. 

Web Bytes

Web Bytes 449

This week:  Residential Yield Review, Johannesburg's residential transformation, SA property market - healthiest in years, and Lightstone's Residential Property Indices. 

People & News

Own tomorrow - Presentations

A recap of the recent Own Tomorrow conference held in Cape Town, Durban and Johannesburg as well as a link to the presentations.

General

Former TBVC marriages

Waterson Mketshane discusses the legal consequences of marriages and their areas of applicability with regard to the former TBVC countries and South Africa.

Web Bytes

Web Bytes 450

This week: Banks make it harder to dip into access bonds; we need to take a broader view on heritage resources; residential building statistics; and Loerie award winners.

Sectional Titles

Paddocks Press - August 2013

The August newsletter deals with the need for good trustees and managing agents, installing pre-paid meters, and does a body corporate have a vote for a unit it owns? 

Web Bytes

Web Bytes 451

This week: September House Price Index; property buyers need a VAT break; tips for budgeting in sectional title schemes; and the use of trusts to 'unfreeze' estate assets.

Sectional Titles

Paddocks Press – September 2013

The September newsletter deals with who actually decides on the levy increase, a video about preparing for an AGM, and holding an HOA AGM over Skype or similar means.

General

eThekwini guidelines 2013/2014

eThekwini guidelines for the issuing of revenue clearance certificates in terms of Section 118 of the Local Government: Municipal Systems Act 32 of 2000.

Web Bytes

Web Bytes 452

This week: Declining trend in middle-segment house price growth continues; buy-to-let home buying still a low priority; and;Credit amnesty may trip up rich property owners.

Sectional Titles

Reservation of rights

Must the lapsing of section 25 rights to extension under the Sectional Titles Act be noted prior to the body corporate obtaining a certificate of real right asks Marie Grovè?

General

Electricity theft - Qs and As

Chantelle Gladwin addresses several keys issues raised in relation to electricity theft, specifically in relation to a multi-dwelling setting.

General

Vesting in a bewind trust

Tania Shawe examines the current registration and other implications of the vesting of immovable property in bewind  and ownership trusts.

Web Bytes

Web Bytes 453

This week:  First time home buying declining; a fixed-term property lease should protect all parties; and the latest on the Legal Practice Bill. 

General

Unusually high water bill?

Ramon Pereira and Chantelle Gladwin give advice on the causes of and how to deal with, having an unusually high water bill.

Web Bytes

Web Bytes 454

This week: No written agreement could mean no commission; Ratepayers are 'ignored by eThekwini council'; challenges for homebuyers; and building stats.

General

De registered company question

A question about transfers from a company which has been deregistered ito the Companies Act and a curator appointed ito the Prevention of Organized Crime Act.

Web Bytes

Web Bytes 455

This week: Insufficient demand for building work biggest constraint; Housing review - 4th Quarter 2013; and a liquidation order always comes ahead of property mandate.

Sectional Titles

Paddocks Press – October 2013

The October newsletter includes: who decides, pays, and for what regarding special levies; Mystrata and Paddocks enter into a partnership; and trustee decisions via email.

General

RCRs 59 and 70 of 2012 analysed

Khumo Makallane feels that conference resolutions 59 and 70 of 2012 to a large degree validate the views originally expressed by her in The object of a right of habitatio.

Web Bytes

Web Bytes 456

This week: Electricity, rates and taxes are top property costs; almost 5% of signed Sales Agreements are cancelled because of loopholes; and a raft of Property Barometers.

Sectional Titles

Addition of land to common property

Marie Grovè discusses the extension of a scheme by the addition of land to the common property, as provided for in section 26 of the Sectional Titles Act, 95 of 1986.

General

De registered company question - II

In response to the question posed at the end of  De registered company question Thabo Nqhome writes that the Conveyancer may not proceed with the transfer of the property.

Web Bytes

Web Bytes 457

This week: township house growth; a weak property market outlook; various indices; and Homecoming sentiment of SA expats bodes well for residential property.

General

2014 Conveyancing Seminar

Allen West presents his annual overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2014.

General

Building plans and voetstoots

If you have bought a property only to realize 6 months later that it does not have approved building plans, this is a latent defect, and you may be able to claim damages.

Web Bytes

Web Bytes 458

This week: Home ownership is once again looking much more attractive than renting; Know where your property boundaries are; and Residential building statistics.

Sectional Titles

Failure to cede EUAs

Louis Kruger and Gabriel da Matta discuss the consequences of the failure to simultaneously cede EUAs upon the transfer of a section in a sectional title scheme.

e-Conveyancing

Portal set to go live next year

The Law Society of England and Wales intends going live with their conveyancing web portal.

Web Bytes

Web Bytes 459

This week: agent survey points to improvement in levels of investment in homes; 2014 will be a good year for residential property; and restrictions on tenants. 

General

Effective cause

Jack Crook writes that sellers and agents must know the downside of not clearly recording in writing, the exact circumstances in which a seller must pay commission.

Web Bytes

Web Bytes 460

This week: low growth in household credit and mortgage balances; November House Price Index; renting property from the state; and sound data is the foundation.

Web Bytes

Web Bytes 461

This week:  'Stalking' a new trend in house buying; Consumers still hungry for homes and loans; House price indices; and EAAB warns against 'false courses'.

Sectional Titles

Paddocks Press - December 2013

The December newsletter includes: The distinction between the maintenance and improvement of common property; slip and fall injuries; and taming disruptive meetings.

General

The year that was - 2013

As the year approaches its inexorable end, we cast our eyes over a number of the most newsworthy conveyancing articles and stories which we published in 2013.

Web Bytes

Web Bytes 462

This week: residential real estate market on solid ground heading into 2014; residential building statistics; and rising home prices lead to bank valuation challenges.

2012
General

The year that was - 2011

As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2011.

General

2012 Outlook

FNB's House price index wrap of 2011 and 2012 outlook - 2011 was a year of slow house price growth and 2012 promises to be “more of the same”.

People & News

Online traction

2012 will be the “tipping point” in the real estate industry when online marketing gains more traction than traditional print and other forms of advertising says Berry Everitt.

Web Bytes

Web Bytes 365

This week: title deeds delays fail upliftment goals, FNB Property Barometer - 1st Time Buying, and Absa House Price December Indices.

e-Conveyancing

Digitisation

Delivering digitised land and property data directly to a conveyancer’s desktop, has many benefits for the conveyancer and gives confidence to lenders and consumers. 

Sectional Titles

Extension of a section

How is it possible to extend a section without increasing the floor area asks M A Grové?

Web Bytes

Web Bytes 366

This week: Boomers worth their weight in gold, borrowers in pound seats and country wide preparations for new rates valuations.

e-Conveyancing

ISIS

The implementation of the City of Cape Town’s new ISIS system has not been without incident and problems are being resolved. 

Web Bytes

Web Bytes 367

This week: FNB estate agent survey by segment, the strongest and the weakest markets of 2011 and pity the poor conveyancer. 

People & News

A new GhostDigest

After nine years change has happened and the GhostDigest has been transformed into a sleek, clean new website. 

General

25% over-valued?

Is the housing market 25% over-valued? John Loos thinks it is not possible to say, but nevertheless he does expect some further real house price decline.

Web Bytes

Web Bytes 368

This week:  ABSA Housing Review,  provincial house price growth, Knight Frank Prime Global Cities Index, and a bargain 'bloodbath' in the SA property market.

General

Role players

Allen West highlights the centrality and importance of conveyancers and registrars in upholding the integrity of South Africa's land registration system.

Sectional Titles

Paddocks Press – Jan 2012

The January digital newsletter for the sectional title community deals with quorums, swimming pool insurance and establishing a HOA.

IT & the Lawyer

Digital generations

Digital natives are forcing digital immigrants to accept the use of social networks particularly in relation to human resource management.

Web Bytes

Web Bytes 369

This week:  Non viable mortgages, house price growth remains slow and is slowing down, and Cape Town's high tech property transgression monitoring.

General

Townships Ordinance

Allen West discusses the sale and transfer of land in townships as governed by the Town Planning and Townships Ordinance 15 of 1986. 

Sectional Titles

How many proxies?

Confusion exists as to whether a person can hold more than two proxies or not.  The simple answer is yes.

e-Conveyancing

Electronic Transfer Instruct

Get more exposure for your conveyancing practice by joining the REASA panel of attorneys and by having your firm listed on Property24.com.

Web Bytes

Web Bytes 370

This week:  Rode rejoinder, helping lower-middle-income earners own their own homes and the latest oobarometer has positive year-on-year price growth for December.

General

Responsible marketing

Estate agents must be fair and responsible in their marketing otherwise they could be exposing themselves to claims in terms of the CPA writes Karien Hunter.

General

Communication 3

Communiction 3/2012 of the Cape Town Registrar of Deeds deals with two items - back scanning and the rates clearance issue.

People & News

Budget 2012/2013

Leading property professionals have welcomed the budget as being one which will encourage a sustained improvement in the property market. 

e-Conveyancing

Enhanced DOTS

WinDeed has just released a number of enhancements to its Automated Document Tracking (ADT) functionality.

Web Bytes

Web Bytes 371

This week:  State land grabs distort prices, December 2011 residential building statistics, a lack of land reform figures and more 100% bonds granted by banks.

Sectional Titles

More than one piece

Allen West discusses the opening of a sectional title scheme on more than one piece of land and the relief afforded by s 4(2) of the Sectional Titles Act.

General

Capacity to sell

Allen West answers the question with reference to s 18(3) of the Administration of Estates Act, as to whether a representative of a deceased estate can sell immovable property.

Sectional Titles

MCS Courier Feb 2012

Issue Number 39 of MCS Courier contains many interesting articles about sectional title such as the value of good governance and a checklist for levy determination.

Web Bytes

Web Bytes 372

This week: February House Price Index, avoid the high-walled Johannesburg look, and ABSA and Nedbank cut ties with AA.

General

Description

Allen West discusses the huge impact of the new Companies on the description of companies in deeds and documents lodged at deeds registries for registration.

General

Capacity to sell - response

Thabo Nqhome responds to Capacity to sell  about the selling of immovable property in the context of the Administration of Estates Act.

Web Bytes

Web Bytes 373

This week:  the launch of an innovative pricing model designed to improve sales and reduce cash flow strain for estate agents, toll mess and Absa House Price Indices.

Sectional Titles

Incorporating old buildings

Anton Kelly discusses the potential problems and solutions to the incorporaton of old buildings into new residential sectional title schemes.

General

A spanner in the works

Samantha Thornhill gives advice on what to do when a company has been silently deregistered, thereby potentially delaying a property transaction by two to four months.

IT & the Lawyer

Transvaal Provincial Gazette

Sabinet has announced the launch of online access to the Transvaal Provincial Gazettes Archive from 1910 to 1994.

Web Bytes

Web Bytes 374

This week:  Absa wants its mortgage market share back, banks can help aspirant home buyers, and rates clearance certificate delay of 35 days costing property owners.

Sectional Titles

Praedial servitudes

Allen West contends that the registration of praedial servitudes over sectional title units is untenable from a management perspective and should not be allowed.

Sectional Titles

Developer's powers

Allen West submits that developers cannot subdivide, consolidate or extend any section, or add to the common property, before the establishment of the body corporate.

e-Conveyancing

Go mobile with Property24

Property24 gives estate agents an unprecedented opportunity to allow customers easily accessible, real-time information, which is likely to boost both interest and sales.

Web Bytes

Web Bytes 375

This week:  Smaller panels limit consumer choice, ooba's statistics confirm continuing house price growth, and Johannesburg gets 62 000 billing complaints.

General

Differentiation

Practitioners must be wary when wording praedial servitudes. Merely referring to the owner and not the property is tanatmount to creating a personal servitude.

IT & the Lawyer

A top law firm website

Very useful guidelines for developing or improving your law firms' website and online presence.

Web Bytes

Web Bytes 376

This week:  embrace property transfer process, stagflating construction industry, Rental Housing Bill submissions deadline and a High Court techniques for success workshop.

General

Extension of suspension

City of Cape Town - the suspension of templates of previous rates clearance certificates has been extended to 30 April 2012.

e-Conveyancing

Save with WinDeed

As from the 1st of April WinDeed customers began benefitting from amended pricing for Deeds Office document copies.  

Sectional Titles

Developer's interest

Allen West discusses the transfer of a developer's interest in the land and buildings comprised in a scheme in terms of section 34(3) of the Sectional Titles Act.

Web Bytes

Web Bytes 377

This week: FNB Property Barometer - 2012 could see 6% rate of growth, Standard now the mortgage bond leader, and embrace the property transfer process.

Sectional Titles

Time for HOA meetings

Anton Kelly delves into how much notice to members is required for meetings such as an AGM in a non-profit HOA company.

IT & the Lawyer

Embrace tablets

Gavin John the director of the KwaZulu-Natal Law Society writes that councillors and senior management have embraced tablet technology, using iPads.

Sectional Titles

Developer's powers - II

Dudley Lee responds to Allen  West by carefully analysing a developer’s powers (see Developer's powers) prior to the establishment of the body corporate.

Web Bytes

Web Bytes 378

This week: FNB Property Barometers for all and Gauteng estate agents; experienced property developers; and give your children a boost up the property ladder. 

General

Initialling of alterations

Allen West discusses the instances when full initialling of alterations or interlineations on Powers of Attorney, Consents or Applications  is required.

Sectional Titles

MCS Courier April 2012

Issue Number 40 of MCS Courier has sectional title articles about the new Companies Act and HOAs, levy recovery and the determination of special levies.

Sectional Titles

HOA fiduciary duties

The common law and statutory fiduciary duties of Home Owners' Association executives, the "fiduciary relationship" is discussed in this article by Paddocks. 

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This week:  house prices seem to be inflating, deflating and bobbing about, while the LSSA issued a press release about competition concerns raised by the Competition Commission.

General

Transfer duty receipts

Clarification as to what information is necessary and which alterations and errors are acceptable to Registrars in transfer duty receipts.  

e-Conveyancing

Mossel Bay rates clearance

Mossel Bay Municipality has compiled a list of rules and conditions that need to be complied with to ensure that your rates applications are successful.

Sectional Titles

Cession of a real right

A discussion of the developer's reservation of a right in terms of section 25(1) or 25(6A) of the Sectional Titles Act and its cession, by notarial deed in terms of section 25(4)(b). 

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This week: Residential buy-to-let and rental markets, lawyer fees 'stifle home ownership', and make sure your agent is 'for real'.

Sectional Titles

Paddocks Press – April 2012

The April digital newsletter for the sectional title community deals with the importance of attending meetings and the taxation of community schemes by SARS.

General

Did you know - III?

Allen West lists some interesting conveyancing facts about monetary figures, Eskom servitudes and the amendment of divorce agreements and of a person's status.

Sectional Titles

Attend those meetings

Nothing can get done in sectional title schemes if enough owners necessary to form a quorum don't bother to attend meetings. 

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This week: house prices accelerating, a constitutional court case crucial for property development and the end of the road for bricks and mortar?

General

Unauthorised payments of trust money

Ann Bertelsmann highlights examples of inventive and convincing methods fraudsters have used to obtain unauthorised and premature payments of trust money.

Sectional Titles

How are the boundaries?

Allen West submits that the notion that boundaries of a real right of extension, when exercised must remain within the "foot print" of such right is totally wrong.

e-Conveyancing

SARS eFiling integration

GhostConvey 2012 has successfully integrated with the  SARS eFiling system and free workshops are to be held around the country to prepare users for the new feature.

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This week: WinDeed launches a judgment enquiry search facility, Absa house prices for April 2012 and listen to your instinct when buying property.

General

Legal certainty for habitatio

Allen West submits that one cannot register a habitatio without the procurement of a diagram of that portion of the land on which the dwelling is erected.

General

Inflated price

A conveyancer has asked if it is fraud to artificially increase the purchase price of a property to include transfer and bond registration costs?

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This week: Absa's Second Quarter Housing Review, FNB's Commercial Property Barometer, the affordable housing sector needs help, and show days still matter.

e-Conveyancing

Ready for electronification?

The South African property industry is both ready for and moving towards an interlinked digital future as Internet penetration grows and collaboration increases.

General

Conveyancing scam

An urgent request from Ann Bertelsman of the AIIF who highlights the latest scam of which conveyancers must be aware. 

General

Negative personal servitudes

Allen West discusses the transfer duty implications of the creation of negative personal servitudes in a deed of transfer of immovable property.

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This week: Durban's new billing system to be phased in, residential building statistics, prof must demolish home, and leading indicators are slowing down.

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This week: About booms and busts, South African property owners are in the black, Joburg's rates clearance certificate debacle and FNB barometers are looking better. 

e-Conveyancing

"Find an attorney" is flying

Since February almost 500 attorney firms have listed on Property24.com and have started to enjoy the benefits of wide Internet exposure to the public and estate agents.  

General

Will trust query

A reader would like to know whether Paragraph 51A of the Eighth Schedule of the Income Tax Act includes Trusts in the moratorium.

General

Who must pass transfer?

Recently in Edkins v Registrar of Deeds, Johannesburg and  Others it was held that the Sheriff is allowed to pass transfer in sales in execution prior to the surrender of an estate.

e-Conveyancing

A thing of the past

Rates clearance delays are fast becoming a thing of the past in Cape Town following delays in the transfer of property with the implementation of ISIS late last year.

e-Conveyancing

Flying question

We answer a question which was raised in last week's "Find an attorney" is flying about registering as a REASA panel attorney on Property24

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This week: House price growth leveling off and softening, analysts advise on buying property, and Warren Buffett says rental homes are a good investment.

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This week: Johannesburg valuations jump, property capital flees incompetence and unexpected offers to purchase could increase.

Sectional Titles

Building on common property

Anton Kelly looks at what needs to be done if a group of owners wish to build on a common property in a sectional title complex.

e-Conveyancing

Section 118 admin nightmare

The City of Cape Town has been inundated with incorrect electronic/Internet payments for Section 118 certificates, causing an administrative nightmare.

General

The abstract system and s 100

Thobeloni Msoni discusses s 100 of the Deeds Registries Act - concerning formal defects - and its relation to the abstract and causal theories of ownership transfer.

General

Multi-tiered structures

SARS accepts that under Paragraph 51A(4) of the Eighth Schedule residences can be transferred directly to a beneficiary of a trust, thereby avoiding having to terminate the trust.

General

Hypothecation of an undivided share

An answer with reference to the Deeds Registries Act to the question as to whether a co-owner of land may mortgage his/her share in such land.

e-Conveyancing

Payment Solutions

Payment Solutions is a product in GhostConvey which efficiently, and cost effectively facilitates the payment of the seller’s rates and taxes on his behalf. 

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This week: Cape Town's next general valuation date is 1 July 2012, estate agencies welcome Property Charter, confidence returning and steady growth provides opportunities.

e-Conveyancing

Section 118 payments

Conveyancers in Cape Town must with immediate effect refrain from instructing their clients to pay financial values for s 118 certificates directly to the City Council. 

Sectional Titles

Pinewood Park

Russell Warner discusses Body Corporate of the Pinewood Park in which it was decided that management and conduct rules are consensual or contractual in nature.

Sectional Titles

Paddocks Press – May 2012

The May digital newsletter for the sectional title community deals with building on common property, the Sectional Title Schemes Management Act and paying for rivets.

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This week: GhostConvey 2012 V14.1 is now available for download, building cycle sends positive signal, and property ownership in SA remains high.

General

Praedial servitudes

Allen West discusses the cancellation of praedial servitudes by agreement,  by abandonment, by effluxion of time, by court or legislation, and of lapsing by merger.   

General

Nature of co-ownership

If ownership of a piece of land is not confined to one person, from a registration point of view it is interesting to ascertain what rights a co-owner may grant over his share. 

e-Conveyancing

Document exchange

Salaried individuals no longer need to supply bank statements when applying for bonds at FNB, Absa and Nedbank.

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This week: June 2012 Property Barometer, Rode & Associates' annual events to be held in August, and Cape Town's property agents and auctioneers must register.

Sectional Titles

Paddocks Press – June 2012

The June sectional title newsletter deals with trustees removing unauthorised common property additions and remedies for a breach of fiduciary duties by HOA executives.

Sectional Titles

Cancellation of an EUA

Allen West discusses the cancellation of exclusive use areas in terms of the Sectional Titles Act and the attendant requirements such as special resolutions.

e-Conveyancing

Lodgment and queries

The  City Council of Cape Town is to implement new measures from 30 July to reduce delays with rates clearance applications. 

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This week:  FNB's estate agent, buy-to-let, rental and foreign residential buying markets; Joburg billing chaos continues; and SA's real estate market has transformed hugely.

General

Effect of divorce

Allen West looks at the effect divorce has on immovable property acquired during or before marriage.

People & News

Financial literacy

The importance of financial literacy in buying and owning a home must not be underestimated and education is necessary writes Meyer de Waal of My Budget Fitness

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This week:  FNB Property Barometers for segments and Western Cape; valuations are 'distorting property market'; interest rates cut; and the agony of a Joburg ratepayer.

General

Execution and signing

Allen West highlights the formalities of notarial deeds and documents and the importance of adhering to them in their execution and signing.

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This week: a raft of research from Absa -  their 3rd Quarter Housing Review, FNB's Western Cape and Holiday towns' barometers, and a Citiq City Index is launched.

IT & the Lawyer

Natal Provincial Gazette

Sabinet has announced the launch of online access to the Natal Provincial Gazettes Archive from 1910 to 1994.

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This week: Applause for a call to overhaul property industry, house price index points to a slowing down, and key drivers of office demand losing their oomph.

General

Did you know - IV?

Allen West challenges you to get your thinking caps on to see if you know a few  more interesting and sometimes strange facts about conveyancing.

Sectional Titles

MCS Courier - July 2012

Issue Number 41 of MCS Courier has sectional title articles about percentile levy adjustments, learning to count, and rules are rules - or are they?

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This week:  municipalities to have decision making over land use, information technology does not replace estate agents, and getting a good home inspection.

General

Did you know - V?

Allen West continues with more conveyancing facts about waived unregistered usufructs, roman numeral linking, fractions exceeding two figures and notices of motion.

Sectional Titles

Dissolution of a body corporate

If the dissolution of the body corporate per se results in the dissolution of a sectional title scheme it presents some uncertainty to practitioners and examiners.   

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This week:  Gauteng Property Barometer, promises to sort out Jhb accounts, new EAAB administrator to be named and Oobarometer shows market confidence. 

Sectional Titles

Paddocks Press – July 2012

The July sectional title newsletter deals with the qualifications necessary to be an executive of a HOA, how insurance defines retaining walls, and protecting minority owners.

General

Validity of foreign marriages

From a conveyancing perspective it is of the utmost importance to determine whether a marriage concluded in South Africa between foreigners is indeed a valid marriage.

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This week: Review Board decision substitutes Municipality's refusal to approve building plans, property repairs can sour relations, and 1st half 2012 residential building stats.

General

Effect of death of an heir

Allen West discusses the effect the death of an heir has on the devolution of the inheritance of immovable property bequeathed or inherited by that heir.

General

One scheme two Deeds Registries

In terms of the Sectional Titles Act development schemes can't fall under two different Deeds Registries as they must be situated in the jurisdiction of a single local authority.

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This week: how property valuations work, non-mortgage household borrowing undermines household saving, and regional migration (semigration) trends in South Africa.

General

Covering mortgage bond question

A question has been asked about Covering Mortgage Bonds.

e-Conveyancing

Admin fee collection

RatesClearance.com will now be collecting administration fees for generating rates certificates on behalf of Mossel Bay and Bitou Councils. 

Sectional Titles

Dysfunctional bodies corporate

Bodies corporate have to exist and dysfunctional ones can present problems and stumbling blocks for conveyancers when preparing Section 15B(3) certificates.   

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This week:  August House Price Index, the benefits of 30 year home loans, the CPA and the responsibility of estate agents, and don't cut conveyancing corners.

e-Conveyancing

SARS Transfer Duty system launched

SARS' modernised Transfer Duty system which was introduced in August will be mandatory from 1 October and conveyancers are urged to activate their eFiling details.

General

Fiduciary and fideicommissary rights

Allen West explains the nature of and the differences between, fiduciary and fideicommissary rights with regard to inter alia their creation and registration.

e-Conveyancing

Jhb EFT payment process

As the city of Johannesburg strives towards better service, rates clearance certificates can now be paid via EFT.

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This week: Absa House Price Indices - August, shared ownership can be a trap, row over sale of repossessed properties rages on, and heritage processes.

General

Agricultural subdivision

Allen West discusses the prohibitions against subdivision and transfer of land defined as "agricultural holdings" in the former Transvaal.

Sectional Titles

Making fines stick

Imposing fines on rule breaking members or residents of sectional titles schemes and home owner' associations is one thing, getting them to pay - therein lies the rub.

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This week: SA's property sector worth R4.9 trillion, the SARB has done enough for home affordability, embedding fraud risk systems, and owners have the power. 

General

Conversion of companies

Applications for conversions must be lodged in terms of section 3(1)(v) of the Deeds Registries Act and must be accompanied by proof from Cipro of their conversion.

Sectional Titles

Paddocks Press – August 2012

The August sectional title newsletter deals with the CPA and Managing Agents, disputes with neighbours and payments to the neighbourhood watch.

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This week: Residential building activity remains under pressure; property returns are holding steady, if unexciting; and a call to free up state land for new homes. 

General

Simultaneous registrations

Allen West examines when the registration of deeds takes place, with particular emphasis on simultaneous registration, and the sequence of registration.

General

Vesting of a property in a trust

Sydney Mekwe considers the vesting of property in a trust and other voluntary associations, and the need for clarity notwithstanding the extended definition of a "person". 

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This week: September 2012 House Price Index, bank home loan deposit requirements back to recession levels, and who gets the interest in property transfers.

General

Modify, extinguish or cancel - I

Allen West discusses the cancellation of personal servitudes and fideicommissums and the modification of negative personal servitudes.

General

Modify, extinguish or cancel - II

Allen West concludes his article about personal servitudes by covering their lapsing in general, by merger and by statute. 

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This week: an uptick in annual house price growth, the number of home loans falls to an all time low, and Cape Town approves the 2012 Valuation Roll.

Sectional Titles

Paddocks Press – September 2012

The September sectional title newsletter deals with PMB Rule 31 and special levies, taxation of exit levies in retirement schemes and approving a solar geyser.  

General

Recording of a contract

Gloria Makallane unpacks the procedure, general practices and effect of the recordal of a contract in terms of the Alienation of Land Act of 1981.

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This week: Property Barometer - Emigration and foreign buying, Durban's R500m property billing system, and why your bond is your best investment. 

People & News

Connect. Collaborate. Communicate

The 2012 GhostConvey Roadshow is not to be missed as in a world where technology is always evolving, ongoing innovation is the only way to stay ahead.

Sectional Titles

Destruction or damage

Marie Grovè wants clarification regarding the destruction or damage to buildings as dealt with in terms of section 48(3(a) of the Sectional Titles Act. 

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This week: Cut-price deals are no guarantee for conveyancing, conditional clauses are key when buying property, and a number of Property barometers.

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Property 24/10 - 132

This week's round-up of property24.com stories includes: protection of personal information, hiked and backdated levies, and paying off a home loan early without penalties.

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This week : Property Barometers, Housing reviews, fiddling with home loans, the Rode Report, and Joburg property valuations are to be finalised soon.

Sectional Titles

Paddocks Press – October 2012

The October sectional title newsletter deals with controlling access to one's section, an outline of proposed amendments to the Sectional Titles Act, and plumbing certificates.

General

Permission to Occupy

Wiseman Bhuqa explains the history and background to Permissions to Occupy, their legal nature and how they are issued and registered. 

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This week:  Absa October House Price Indices, do your research on gated properties before you buy, and is student housing an investment opportunity?

General

Electric fence certificates

Carol McDonald brings our attention to the requirement of an electric fence system certificate of compliance for sales agreements concluded after 1 October 2012. 

e-Conveyancing

Conditions

A request for conveyancers and secretaries to liaise with the relevant departments regarding conditions when applying for Rates Clearance Certificates.

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This week:  3rd Quarter 2012 Segment House Review, Tribunal ponders whether touting rule contravenes Competition Act and a communication shift.

People & News

iPad 3 winners

An overview of the 2012 Roadshow which hundreds of property professionals attended, comments by attendees and photos of the two lucky iPad 3 winners

e-Conveyancing

E-Filing amendments

Cheryl Claassen considers the practical effects for conveyancers, estate agents, buyers and sellers of the latest Transfer Duty e-Filing amendments.

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This week: Strict lending criteria, rising household debt and living costs depress the market, 'resolving' Jhb bill queries and has residential building activity 'settled down'?

e-Conveyancing

Property descriptions

An answer to a number of queries we have received about the description of sectional title properties on the new electronically issued Transfer Duty Receipts.

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This week: remarkable rental payment behaviour in Q3, tenant's bill is property owner's liability, and the practice of estate agents “buying” sole mandates is growing.

Sectional Titles

MCS Courier - December 2012

In Issue Number 42 of MCS Courier Tertius Maree covers the Peaks decision, capping interest rates for arrears, and may trustees conclude resolutions by e-mail?

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This week: End of moratorium on tax looms for residential properties held in trust, sectional title units are not meant to house businesses and the FNB Barometer.

General

2013 Conveyancing Seminar

Allen West presents his annual overview of  the Registrars' Conference Resolutions (2012) and what you need to know to lodge deeds and documents in 2013.

General

Making sense

The Property Transfer Process - Mari van Wyk offers a number of tips to home buyers to ensure that their property transfer is as smooth and hassle free as possible.

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This week:  Residential property recovering investment attractiveness, a slew of property predictions for 2013 and a call to save SA from the ‘housing cliff’.

2011
Sectional Titles

Decision making in HOAs

Anton Kelly considers how decisions are to be made when members of a homeowners association get together.
 

Sectional Titles

Query about RCR 46/2010

A query about RCR 46 of 2010 regarding the issuing of Home Owner Association consents in forced sales and charging therefor.

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This week: FNB and Absa property gurus reflect on a dull 2010 property year, Estate Agency Affairs Board moves against WMP and reflections on the future of conveyancing.

General

PE Convey Club – Jan/April 2011

The Port Elizabeth Convey Club charges into 2011, expectant and ready for action.

General

Draft SARS Guide

Roelie Rossouw draws our attention to the SARS "must read" guide to disposing a residence from a company or a trust, and comments on the question of who qualifies as an acquirer.

Sectional Titles

Body corporate documents

Jennifer Paddock discusses who may sign what documents on behalf of a body corporate and why.

General

Foreign marriages and folly

Dudley Lee responds to Thabo Nqhome's letter by suggesting that we simply accept the L&D account as sufficient proof that parties to a foreign marriage were married in community of property.

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This week: When to develop a property, bond application rejections are often illogical and making the paperless office work.

General

Fractions

Rob Wynne suggests we move away from fractions in deeds and adopt the metric system.

IT & the Lawyer

Information Session

Korbitec and the City of Cape Town invite you to an essential yet free information session about new changes to the electronic rates clearance system.
 

General

Draft SARS Guide - II

Nadia de Kock highlights conveyancing issues and raises a number of questions with the "must read" Guide to the disposal of a residence from a Company or Trust.
 

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This week: 4th Quarter 2010 FNB Estate Agent Survey, new land ownership plan, and sectional title owners responsible for excess payments on insurance claims.

Sectional Titles

RCR 46/2010 - response

A response from Kevin Mahon in which he raises a few more issues regarding the full impact of RCR 46 of 2010.

Sectional Titles

An owner cannot

An owner is not entitled to withhold levies to set-off a debt she believes is owed to her by the body corporate but to use arbitration or litigation, writes Jennifer Paddock.

People & News

Activity Index

Korbitec's Attorney Activity Index is one of the best property forecasting tools available as it offers a valuable snapshot of the current property transaction pipeline.

General

Base Cost

Donald Moor of Guthrie and Rushton expands upon the relevance of base cost when doing a Para 51A transfer.

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This week: FNB January 2011 House Price Index, mortgage advances, paying the right price for property and mortgage swindles make up 25% of finance fraud.

Sectional Titles

Fractional ownership revisited

Corrie de Jager revisits the importance of complying with legislation governing fractional ownership in the light of current rumours about possible mismanagement of funds.

General

Connected clarity

Nadia de Kock gives more clarity regarding who "connected persons" are when it comes to Close Corporations.

General

Companies in liquidation

RCR 37/2010 simply seems to ignore the phrase "… or under the supervision of the Court" when a company is in liquidation, causing great frustration writes Dudley Lee.

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This week: FNB and ABSA property reviews, home owners urged to avoid tax penalty, and a two day workshop in the drafting of wills.

General

Deceased developer

Dudley Lee considers the answer of Resolution 83/2010 to: "May an executor, administering the estate of a deceased 'developer' apply for the opening of a sectional title register?"

General

Deceased developer – a response

Thabo Nqhome opines that Registrars Conference Resolution 83/2010 should properly be answered in the administration of deceased estates as opposed to conveyancing.

General

Companies in liquidation - response

Thabo Nqhome does not agree that a certificate to the effect that a winding under supervision of the Master of the High Court means a winding up "under the supervision of the court".

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This week:.Quarterly Western Cape Property Review, understand your rights when entering into a property sale, and who pays the upkeep in a usufruct agreement.

Sectional Titles

Sectional title encroachments

Marie Grové and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.

General

First step

Is the mortgage of immovable property a first step to alienation, ask Alex Abercrombie and Rayzaan Johaardien in the March edition of De Rebus.

People & News

Budget 2011

Finance Minister Pravin Gordhan has for the first time since 2006 raised the transfer duty rate threshold.

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This week: First time buyers returning to property market, a shot in the arm for reform, and an oversupply of lawyers in UK will drive down costs.

e-Conveyancing

Garden Route Information Session

A Pdf document of the recent Korbitec information session held in Mossel Bay and George this week explaining the electronic rates clearance application process.

General

Rule 63 - apostille

Can a document executed in Namibia for use in South Africa be authenticated before a Notary? Allen West has the answer - "No".

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This week: Lots of mortgage and house price data to digest from FNB and ABSA along with who pays for the upkeep of a home in a usufruct agreement.

General

Companies in liquidation – response II

Dudley Lee highlights the continuous nature of supervision, the powers given to the Master in terms of the Companies Act and jurisdiction in responding to Thabo Nqhome's Companies in liquidation - a response.

Sectional Titles

A mechanism

Allen West discusses the mechanism to extend the period in which a right of extension must be exercised and which supporting documents must be lodged with the Registrar of Deeds.

General

Deceased developer – response II

Dudley Lee differs with Thabo Nqhome on executors opening a sectional title register in a deceased estate and sets out his reasons pari passu.

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This week: Absa House Price Index, feeding "lies" to the media and how to find the right conveyancer.

e-Conveyancing

EDRs Bill

Ever wondered how the Electronic Deeds Registration Process will look? This PowerPoint presentation graphically gives us the lowdown on the Electronic Deeds Registration Bill.

General

Deceased developer – response III

Thabo Nqhome sets out his reasons pari passu in responding to Dudley Lee's Deceased developer - II on executors opening a sectional title register in a deceased estate.

Sectional Titles

So when

Despite section 36 being unambiguous, in practice a fair amount of uncertainty prevails as to the date of establishment of a body corporate by its members. So when is it established, asks Allen West?

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This week: FNB Home Buying Confidence Indicator, wealthy suburbs show most recovery, and Singapore proposes new measures to protect conveyancing money.

General

Companies in liquidation– response III

Thabo Nqhome responds to Companies in liquidation - response II which we published last week.

Sectional Titles

Duplicated names

An oversight allows for the duplication of names allocated to sectional title schemes, this needs to be addressed as it has given rise to numerous objectionable instances.

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This week: FNB's Estate agent survey, Interprovincial migration monitor and Unscrupulous estate agents need to be aware, while a greedy solicitor who wasn't is jailed for fraudulent mortgage transactions.

General

A final response

Dudley Lee's final response to Thabo Nqhome regarding the powers of the Master of the High Court and his role in supervising the process of companies in liquidation.

General

Cape Registrar's Notice 1/2011

Cape Registrar's Notice 1/2011 and Annexure A to Registrar's Circular 02/2011.

e-Conveyancing

Collaboration

Korbitec collaboration on the transaction hub, which is soon to be released links all participants involved in a property transaction, this week we show how the process works using screenshots.

General

Finis?

Thabo Nqome considers the question raised in A final response: "please explain to me what exactly it is that the Master does in case of liquidations, insolvencies, deceased estates, etc?"

General

Estate conditions

Allen West looks at the registerability and effect of testamentary conditions excluding community of property with regard to their lawfulness, whether they are binding and their effect on creditors.

Sectional Titles

A fair share

Anton Kelly looks at an unusual and interesting situation where there are schemes within schemes and how to go about changing the share of the levy contribution.

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This week: Eastern Cape Residential Property Review, Absa House Price Indices and purchasers cannot claim for anything spent on home before transfer.

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This week: Abandoning hope in property, Absa mortgage advances, FNB Estate Agent survey and household sector debt service risk.

General

Suspension call

Dudley Lee calls for the withdrawal of CRC 4/2011 arguing that NAMA and HOA's must be completely unaware of their duties or are trying to get the Chief Registrar of Deeds to do their work for them.

General

Outside South Africa

Allen West looks at some of the ins and outs of the legal and proprietary consequences of a marriage concluded outside of South Africa.

General

Fixed term

Marlon Shevelew discusses the much needed provisio of the CPA whereby the previously suggested fixed period of 24 months for any consumer agreement is no longer cast in stone.

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This week: Buy-to-let survey, EAAB opens a window of disclosure to estate agents, and UK's first chain of 'high street lawyers' is set to revolutionize legal services.

General

Suspension – a response

Thabo Nqhome does not agree that the suspension of RCRs 46, 47 and 62/2010 are perfectly in line with the legal situation in the case of forced sales.

General

Suspension agreement

Mark Schäfer agrees with Dudley Lee that that Chief Registrars Circular 4/2011 should be withdrawn.

e-Conveyancing

Water certificate

As from the 18th February, the City of Cape Town requires that a Certificate of Compliance regarding water installations be submitted upon the transfer of properties.

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This week: Absa plans a big home loan push, owners are responsible for their tenants' conduct, and conveyancers must do more to tackle mortgage fraud.

General

Nelson Mandela Bay

Guidance notes for conveyancers from the Nelson Mandela Bay Municipality regarding the payment of rates and the transfer of properties over the new financial year.

General

Three aspects

Kevin Mahon argues that three aspects have now been taken into proper consideration by CRC 4/2011 with regards to the issuing of Home Owners Association certificates.

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This week: Building activity continues to contract, affordable housing in demand, and FNB housing barometer shows growth in affordable housing sector segment.

General

Guide to investing

As the second best performing asset class after shares it is worth looking at the different ways in which one can invest in property, from the low-risk to the very high risk investments.

General

Massing versus adiation

Allen West sheds light on the difference between massing and adiation as opposed to massing and election and their impact on the transfer of immovable property from a massed estate.

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This week: SA won't experience a doom and gloom property correction, Absa Housing Review, FNB Property Barometer and mortgage advances growth remains sluggish.

General

Did you know?

Allen West challenges you to get your thinking caps on and see if you know these interesting and sometimes strange facts about conveyancing.

General

Three aspects response

Dudley Lee expands on an earlier article and argues that HOAs and their arrear levies are regulated by the Insolvency Act and are a tax in terms of it. Therefore CRC 4/2011 should be reversed.

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This week: Home values still under pressure, a smear campaign is alleged, and a big increase in black home ownership.
 

General

Final SARS Guide

SARS recently released their final Guide to the disposal of a residence from a Company or Trust.
 

e-Conveyancing

Absa endorsement

After a successful pilot between Korbitec and Absa, Korbitec' s Property Transaction Hub has been endorsed by Absa to allow for the simultaneous registration of Transfers and linked Mortgage Bonds.

General

No bond purchase?

Meyer de Waal presents the purchase of property via the instalment or lease to own methods as an alternative to conventional methods when bond approval is refused.

Web Bytes

Web Bytes 334

This week: Absa - high density housing gets denser, generation x leads property recovery, a quality mark for conveyancing, and sole practitioners face a perfect storm.

General

Total deviation

Kevin Mahon writes that if a Registrar allows an HOA related transfer to proceed without a certificate, and the HOA suffers a loss as a result, it may have a claim for damages against him.

General

CPA thoughts

Barry Cloete pens some thoughts and observations on the impact of the Consumer Protection Act on estate agents.

General

Cos, CCs and property

Allen West discusses conveyancing problems caused by the dissolution or deregistration of companies and CCs as the owner, bondholder or real right holder.

Web Bytes

Web Bytes 335

This week: Sars on top of new transfer duty system, Absa residential building stats, tenants be warned about improving properties, and conveyancing firms must change to compete.

General

No bond response

Gavin Gow takes issue with "No bond purchase?" for ignoring the CPA which came into effect on 1st April and highlights important aspects of the NCA.

General

Did you know - II?

Allen West continues the challenge to you to get your thinking caps on to see if you know these interesting and sometimes strange facts about conveyancing.

General

No bond purchase - II?

Meyer de Waal defends criticism of purchasing property via the instalment or lease to own methods as an alternative to conventional methods when bond approval is refused.

Web Bytes

Web Bytes 336

This week: FNB Property barometer, one cannot exit a property deal once the offer has been accepted, and a Sars land tax ruling comes as a shock for developers.

General

Can't be affected

Allen West discusses what happens when an inheritance of immovable property cannot be put into effect.

General

Draft Taxation Laws

The draft Taxation Laws Amendment Bill, 2011, which gives effect to matters presented by the Minister of Finance in the Budget Review 2011, has been published for comment.

Web Bytes

Web Bytes 337

This week: Absa House Price Index sees home values under pressure, start small and pay less, and a more professional estate agent profession is emerging.

General

When to reject

Wiseman Bhuqa provides basic guidelines for examiners on when to reject or query a deed.

e-Conveyancing

Planning to deliver

The Registers of Scotland have published a corporate plan for 2011-2014, which outlines strategic objectives and focuses on customer service and value for money.

Web Bytes

Web Bytes 338

This week: The right time to buying a home, estate agent 'bribes' get seal of approval, and the FNB Estate Agent Property Barometer.

General

Effect of sequestration

Allen West considers the effect of sequestration where a spouse is declared insolvent subsequent to his/her marriage in community of property.

General

Residential applicability

Maria Davey of Meumann White discusses the application of the Consumer Protection Act and its applicability to the sale of residential property.

Web Bytes

Web Bytes 339

This week: Nasty surprise as bank adjusts rates, online service speeds up home conveyancing process, and whether to rent or buy a home.

People & News

Court action

Greg Kukard reports that clearance certificate delays in Johannesburg has led to a number of urgent and successful High Court applications. 

Web Bytes

Web Bytes 340

This week: transfer duty system annoys conveyancers, exploiting the environment development gap, and mortgage advances remain sluggish.

e-Conveyancing

On hold

UK - Land Registry has scrapped plans to use electronic transfers with e-signatures and to extend the use of electronic legal charges.

Sectional Titles

From CIPRO to CIPC

Graham Paddock looks at the functions of the Office of Companies and Intellectual Property Enforcement (OCIPE) - the "Companies Commission" - with relation to Home Owners Association companies.

Sectional Titles

Paddocks Press – June 2011

The June free digital newsletter with its usual high quality content for the sectional title community was published last month.

Web Bytes

Web Bytes 341

This week: Buy-renovate-sell investments fall 50%, Absa House Price Index and the FNB Property Barometer.

General

Validity of polygamous marriages

Allen West discusses the validity of polygamous customary marriages entered into subsequent to the coming into operaton of the Recognition of Customary Marriages Act 120 of 1998.

General

Subdivision of agricultural land

Allen West looks at subdivision vis-n-vis the sale of agricultural land.

General

Effect a response

Thabo Nqhome is unable to agree with an aspect of the conclusion reached in Effect of sequestration regarding the consequences of a section 45bis endorsement. 

Web Bytes

Web Bytes 342

This week: record bond applications and approval rates for Ooba, CPI affords defaulting tenants protection, and interest rates are not the defining factor in residential property.

General

Urgent alert

In an urgent alert, Meumann White has objected to proposals to amend Section 1 of the Property Rates Act to allow commercial rates to be charged on residential property not used by the owner.

e-Conveyancing

Important changes

Sars has announced a number of important changes and enhancements to the transfer duty process, which should speed up the issuing of receipts.

General

Defusing a furore

Yunus Carrim, the Deputy Minister of Co-operative Governance and Traditional Affairs says home owners need not worry about the Rates Bill.

General

Records Services of SA Act

Does a deeds registry need to comply with the National Archives and Records Services of South Africa Act asks Erna-Marié Pretorius?

Web Bytes

Web Bytes 343

This week: four certificates necessary to sell a home, office rentals strengthen, and Cape Town declares war on problem properties.

Sectional Titles

Risk of mortgaging

Allen West submits that registrars must enforce, by disallowing bond registration, the mortgaging of exclusive use areas when their section is mortgaged. 

General

Subdivision of agricultural land - II

Johan Muller raises pertinent points about the sale of an undivided portion of agricultural land in terms of the Subdivision of Agricultural Land Act 70 of 1970.

Web Bytes

Web Bytes 344

This week: residential building is mixed, rental market performance is strengthening and the residential property market remains sluggish.

General

Paragraph 51 query

Clarity is needed about the application of paragraphs 51 and 51A where a trust wants to transfer property to the spouse of a dead beneficiary.

Web Bytes

Web Bytes 345

This week:  foreign buying in SA, Rode conference to address property woes, and FNB's Property Barometer.

General

Double registration

Hannelie Bronkhorst explains what must be done when the same property is registered in the name of two different owners. 

Sectional Titles

Termination

Anton Kelly looks at the termination of a managing agent’s contract when owners are unhappy with the quality of the service provided.

Web Bytes

Web Bytes 346

This week: FNB Property Barometer - Segment and Market Strength Review, ABSA House Price Indices and the need for a will if you own property.

General

Capacity of an insolvent

Allen West discusses the capacity of a rehabilitated insolvent to deal with immovable property.

General

Query

A question about a  section 51 moratorium transfer of one unit in a two unit block from a CC when the second unit is occupied as a primary residence by the sole member of the CC.

Web Bytes

Web Bytes 347

This week: the brain drain has slowed, integrated housing developments could help housing backlog, and homeowners are holding onto property for longer.

General

Involved intricacies

Allen West provides guidelines as to the application of section 4(1)(b) - rectification of errors - and as far as possible to substantiate them with authority.

Sectional Titles

Difficult people

Jennifer Paddock writes that having short, clear and appropriate rules are best when dealing with difficult people in a sectional title complex.

Web Bytes

Web Bytes 348

This week: households are obsessed with consumption spending, Western Cape property market and leading indicators.

e-Conveyancing

Pexa

Accenture has signed an agreement to design, build, test and deploy Australia’s national e-conveyancing system

Sectional Titles

Breaking rules

Jennifer Paddock discusses the finer points of the implications of breaking rules in a sectional title complex.

e-Conveyancing

Comparative study of e-conveyancing - 1

The start of a series of articles giving an overview of the how far e-conveyancing initiatives have progressed in a number of countries.  

Web Bytes

Web Bytes 349

This week: young buyers are back, the green paper on land reform runs into heavy fire, and FNB's Property Barometer shows growth in prices rising, but momentum falling.

Sectional Titles

Paddocks Press – August 2011

The August digital newsletter with its usual high quality content for the sectional title community deals with units in continual disrepair and ritual slaughter.

e-Conveyancing

Comparative study of e-conveyancing - 2

Ontario, Canada - widely recognised as the most progressive e-Conveyancing solution currently in operation and seen as a reference source for e-conveyancing solutions in other jurisdictions. 

Web Bytes

Web Bytes 350

This week: EAAB’s shocking maladministration, Absa house price indices, an "entitlement mentality" and new plans for District 6.

General

Take no prisoners

The Department of Environmental Affairs (DEA) will deal with non-compliance of regulations and incorrect or deficient representations vigorously. 

e-Conveyancing

Comparative study of e-conveyancing - 3

England and Wales - in a very wide project, led and financed through the Land Registry, changes are being implemented but a number of hitches have also being encountered.   

Web Bytes

Web Bytes 351

This week: FNB - 2nd quarter mortgage lending trends, tax implications on property rentals, and understanding how banks go about property valuations.

e-Conveyancing

Comparative study of e-conveyancing - 4

New Zealand - Land Information New Zealand (LINZ) has developed a partial end-to-end e-Conveyancing solution known as LandOnline.

General

Unregistered foreign companies

Allen West discusses the responsibility of the conveyancer when dealing with unregistered foreign companies in terms of regulation 44A of the Deeds Registries Act 47 of 1937.

Web Bytes

Web Bytes 352

This week:  Leading Business Cycle Indicator, investing is still very worthwhile - provided you know the rules, and "gazanging" on the rise.

e-Conveyancing

Highly rated

Transaction volumes of the online rates clearance solution, RatesClearance.com, continue to break records and it has now been implemented at twelve municipalities nationally.

Sectional Titles

Destruction of a scheme

Holders and bondholders of real rights of extension must be aware of the implications for them when owners agree to the destruction of a building comprising a sectional title scheme.

Web Bytes

Web Bytes 353

This week:  July Residential Building Stats, how margins get squeezed and where to for the commercial property industry.

Sectional Titles

Resolving disputes

Graham Paddock writes about the various ways of resolving sectional title disputes with an emphasis on arbitration measures. 

Sectional Titles

Carport

Anton Kelly looks at how an owner of a sectional title unit goes about erecting a carport over a parking bay.

Web Bytes

Web Bytes 354

This week: transport corridors present opportunities, coastal provinces are more cyclical than inland provinces, the rand is key, and some more housing indices.

General

Change of Marriage

Allen West clarifies some issues surrounding the conversion of a customary marriage to a civil marriage.

Sectional Titles

Eviction of a tenant

Godfrey Shev asks, "what, if anything, can the Trustees of a Body Corporate do to enforce the termination of a lease between an owner and his tenant thereby evicting him?"

Web Bytes

Web Bytes 355

This week: FNB home buying estate agent survey, homeloans for the highly indebted and oldies supporting residential supply.

General

Change of marriage - II

Ranald Vise understands section 10 of the Recognition of Customary Marriages Act to mean a  new marriage.

Web Bytes

Web Bytes 356

This week: Invitation for comments on the Green paper on land Reform, new buyers buying and 20 million UK searches.

General

Execution sales

Allen West asks: "In sales of execution - must property be transferred free of, or subject to, usufruct?"

General

Change of marriage - III

Ken Mustard and Ranald Vise respond to a reply last week by Allen West about the interpretation of section 10 of the Recognition of Customary Marriages Act. 

e-Conveyancing

Automate

Automate rates clearance certificates to solve South Africa's conveyancing backlog and attendant losses writes Cher Chapple.

Web Bytes

Web Bytes 357

This week: no bonds if alterations are illegal, Standard bank financing almost half new home loans, and FNB estate agent surveys for all, townships and holiday segments.

People & News

Roadshow iPad winners

Feedback from attendees and the winners of three iPad 2’s at this year’s Tipping Point Roadshow held this month.

e-Conveyancing

Payment solutions

Korbitec recently launched Payment Solutions, a new service which will reduce the hassle and delays associated with rates clearance payments.

General

Non-citizen name

Allen West discusses the formalities necessary to effect a change in name of a non-South African citizen.

General

Change of marriage - IV

Thabo Nqhome argues that there is no justification for interpreting the words “their marriage” in section 10 (2) of the RCMA, to mean “their subsisting marriage”.

e-Conveyancing

Project Isis

Section 118 certificates, attendant matters and the implementation by the City of Cape Town of Project Isis by the 28 November. 

People & News

World Planning Day

The City of Cape Town will be hosting a conference on 10 and 11 November - Liveable Cities: Urbanising World. Meeting the Challenge to celebrate World Planning Day.

Web Bytes

Web Bytes 358

This week: Analysts challenge a property pundit's call not to buy and a raft of housing statistics and analysis from FNB and Absa.

General

Capacity of associations

Allen West discusses the capacity of associations to acquire immovable property. 

Web Bytes

Web Bytes 359

This week: Buying a house could age you two years, house price indices, and homeowners are not overspending - it's costs rising beyond their control. 

Web Bytes

Web Bytes 360

This week:  John Loos talks about property business, 3rd Quarter Investment, long leases, and what is the ROI on law firm marketing?

General

Devolution

Allen West looks at the effect a repudiation of an inheritance has on the devolution of immovable property.

General

2012 Conveyancing Seminars

Registrars' Conference Resolutions 2011 - What you need to know to lodge deeds and documents in 2012.

Web Bytes

Web Bytes 361

This week:  Property deals to avoid, leading SARB indicators, residential maintenance, and courage needed for land reform. 

General

Foreign currency

The Deeds Registration Trading Account and the correct methods to be used to calculate and reflect foreign currency in deeds of transfer.

Web Bytes

Web Bytes 362

This week: A new GhostConvey support number, FNB November House Price Index and residential property's shadow inventory.

Sectional Titles

Paddocks Press – Nov 2011

The November digital newsletter for the sectional title community deals with disclosing member contact details, material damage and property liability. 

e-Conveyancing

REASA

REASA (Real Estate Agencies of South Africa) is a new real estate industry initiative aimed at providing cost-effective and powerful online marketing channels for its participants.  

Web Bytes

Web Bytes 363

This week: Absa house price indices, Knight Frank Global House Price Index, and the Rental Housing Amendment Bill.

People & News

Cape Town year end

A schedule setting out the changes to normal operations in the Cape Town Deeds Office during December and January. 

IT & the Lawyer

Internet marketing

The importance of internet marketing for law firms and details about a part-time course for attorneys is to be held by GetSmarter in March.

Web Bytes

Web Bytes 364

This week: Commercial property prospects for 2012, billions to be spent on Cape foreshore properties and re-zoning delays are killing business.

2010
General

PE Club Jan/Feb 2010

More activity from Port Elizabeth after an hiatus of some months.

General

Questions posed

Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto.

Sectional Titles

Names

Gerard du Toit and Carl van Rooyen consider the brand name value of developments and how it should be protected.

General

What will 2010 hold?

As is the habit at this time of year many of us tend to indulge in a degree of crystal ball gazing.

Web Bytes

Web Bytes 267

This week: FNB House Price Index, it is still bad, but get some tips, and estate agents give their views on what to expect in 2010.

e-Conveyancing

One giant leap

Scotland is ready to show the world how to do e-registration, as ARTL's official launch last month reminded us.

General

More clarity

Antoinné van Deventer provides clarity to some confusion following her answer to the first question in Questions posed last week.

Sectional Titles

Paddocks Press – December 09

The December free digital newsletter for the sectional title community has been published.

Web Bytes

Web Bytes 268

This week: FNB building and fixed investment statistics, the effect of social media on the property industry, and legal writing workshops.

e-Conveyancing

Two is better than one

WinDeed has introduced Experian credit bureau searches in addition to the existing TransUnion searches.

General

Causal or abstract?

Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property.

International

A tighter rein

Roger Tan comments on a recent Malaysian ruling which makes it more difficult for thieves and conmen to fraudulently transfer land.

Web Bytes

Web Bytes 269

This week: FNB comment on the interest rate decision, trustees rights, and how to avoid property tax by getting more wives.

e-Conveyancing

Impasse broken

The impasse which threatened the development of a national e-conveyancing system in Australia has been broken.

Sectional Titles

Similarities and differences

Graham Paddock looks at the similarities and differences between sectional title schemes and home owners' associations.

Sectional Titles

Paddocks Press – January 2010

The January free digital newsletter for the sectional title community has been published.

Web Bytes

Web Bytes 270

This week: FNB January House Price Index, don't renege on contracts, three property investment styles and a note on the section 9(20).

International

The Torrens system

Kirthimala Gunasekera writes that the ultimate success of the registration system depends on the professionalism and ethics of the conveyancing professionals.
 

General

Causa for CC

Allen West gives an example of the causa to be used when transferring property from a CC to its members in terms of the Taxation Laws Amendment Act No. 17 of 2009.

Sectional Titles

Reserving the right

Alexandré Lombaard looks at reserving the right to extend in terms of s 25(6A), RCR 45/2007 and the position of "developers" of portions of the real right.
 

Web Bytes

Web Bytes 271

This week: Praise for Aus e-conveyancing initiative, sectional title overcrowding, and auctions - the next decade.

International

Innovative insurance

Kirthimala Gunasekera writes about Sri Lanka's innovative conveyancing methods, insurance schemes and guarantee funds.

People & News

Budget 2010

Finance Minister Pravin Gordhan's first budget speech had very little in it for the property sector.

General

Tax window transfers

Bobby Bertrand of Bowman Gilfillan, Cape Town, has reservations about the suggested causae published last week.

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