Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2018 - a MUST for conveyancers.
This week: 2017 turned out to be the 3rd consecutive year of house price growth slowdown, but ended on stronger note; and disputes between neighbours should not end up in court.
The newsletter includes: Body corporates imposing fines; extending your boundaries in a sectional title scheme; and the binding nature of HOA architectural guidelines.
This week: Property developers may face cash flow challenges with VAT relief termination; early cancellation of a residential lease issues; and building stats.
This week: House price indices by major province metro; to fix or not to fix before selling; and online photos can misrepresent vital aspects of a property.
Marlon Shevelew writes about the Cape Town water crisis and how landlords and tenants need to work together and keep an open-minded approach to resolving water issues.
Jack Crook highlights problems when contracting with trusts as standard sale agreements don’t always provide adequately for their own specific set of rules.
This week: Check zoning rights before buying residential property for business use; how digital media is changing the property industry; and sentiment is marginally higher.
This week: Legal Practice Council Rules published for comment; drought may delay property transfers; and moderate financial 'pressure' among sellers.
In a fair budget under tough circumstances finance minister Malusi Gigaba announced an increase in VAT from 14% to 15%.
Rosanne Kinder discusses a recent case which dealt with the question of whether a lessee can withhold rental if it is not given full occupation of the leased premises.
This week: How to bounce back after overpricing; Joburg property owners must check municipal valuations; and Cape Town House Price Indices.
Former Public Protector Prof Thuli Madonsela and Judge John Hlophe, the Judge President of the High Court, will be the keynote speakers at SA's first Social Justice Conference.
This week: Deeds office strike a disaster for KZN economy; seven questions about expropriating land without compensation; and credit and mortgage advances.
This week: SAPOA raises concerns over land expropriation; online agents will have to employ sales progression teams; and look out for restrictions on your property.
This week: ‘On-Demand’ expectation from consumers challenges the property industry; Treasury hastens title deed handover to poor homes; and building statistics.
Graeme Palmer discusses the tax treatment of lease premiums in the light of a recently released draft interpretation note by SARS.
Jack Crook emphasises the need for both sellers and buyers (of anything) to understand how the Consumer Protection Act affects the common “voetstoots” (“as is”) clause.
The newsletter includes: Authorising use change in sectional title; guidelines for choosing a managing agent; why is the audit a problem in sectional title schemes?
This week: Repossessed property owners dealt a blow; flat rentals outperform inflation; and Notyesi and Barnard elected co-chairpersons to lead Law Society.
Small firms can now access South Africa’s most comprehensive online legal content - Lexis® Library - and only pay for the time they use.
Jack Crook explains why "co-ownership is the mother of disputes", suggests a potential solution and gives a checklist to avoid costly disputes arising.
UK: The Conveyancing Association (CA), has published a revised version of its Cyberfraud and Fraud Protocol.
This week: Fewer buyers, but banks grant more home loans; Residential property affordability; and planned residential building activity showing strong growth.
The newsletter includes: Eleven actions trustees can approve in sectional title; electing a home owners’ association director; and the CSOS and disputes.
This week: The risks and opportunities of inclusionary housing; Cape Town's sneaky rates policy for holiday homes; and deeds office demarcation problems.
This week: increasingly sophisticated fraud; subdued household credit and mortgage growth; and could parking lots become obsolete?
Lexis® Tracker meets the need for a secure, online, real-time, automated, matter reporting and messaging platform for conveyancers to keep their clients updated.
Are you building a law firm which will benefit from the future - asks Emmie de Kock in a wide ranging article in De Rebus?
The newsletter includes: Insuring owner-installed upgrades; management by a single executive agent; and the use of drones in ST schemes.
This week: Conveyancers urged to educate clients about fraud risks; prepare for property valuation knock-on effects; and residential building statistics.
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.
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?
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?
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.
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.
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.
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.
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.
UK: Electronic documents validated with digital signatures will finally replace paper property deeds if a set of proposals by Land Registry is approved.
This week: EThekwini property owners must inspect Valuation Roll; good city governance helps home values; and inter-provincial repeat home buyer migration trends.
Finance Minister Pravin Gordhan has tabled a generally favourable budget for property, by raising the Transfer duty threshold from R750 000 to R900 000.
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.
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.
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.
Wiseman Bhuqa outlines the new procedure for opening a township register in terms of the City of Tshwane Metropolitan Municipality Land Use Management Bylaw.
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.
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.
This week: Concerns mount over e-conveyancing in Australia; changes to laws make rental contracts more complex; and housing demand seems to be improving.
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.
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?
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.
This month: Protecting body corporate funds; an introduction to retirement schemes; questions about AGMs; and naming and shaming non-levy paying owners.
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.
Community Schemes Ombud Service Practice Directive 01/2017: Payment of levies and fees in terms of the Community Schemes Ombud Service.
The Significant Leadership Programme™ - is a leadership programme for female lawyers with a focus on the attorneys' profession and its unique business models.
CSOS Chief Ombud's Circular 01 of 2017: Operational guidelines and clarity on the implementation of the Sectional Titles Schemes Management Act and Regulations.
This week: Property investors eye 'Generation Rent'; a required disclosure by intern estate agents; and a bank evaluation is not a home inspection.
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).
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.
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.
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.
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.
Law Practice Today: Three compelling reasons are given and expanded upon as to why solo and small firm lawyers need to understand their technology.
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.
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.
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.
UK: The Conveyancing Association has just launched its new Cyber Newsletter which covers cyber-related issues and provides advice and support to conveyancers.
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.
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.
This month's newsletter includes: Maintenance of the common property; CSOS fidelity insurance; and forcing an owner to give up a common property garden.
This week: HOA space registrations should be checked carefully; flat-line rental growth comes alive; and residential construction shows double-digit growth to April.
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.
This week: Always post good listing photos; how the modern estate agency has metamorphosed; and foreign residential property buying has declined somewhat.
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.
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?
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.
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.
The June newsletter includes: The appointment and functions of an executive managing agent; when owners fail to maintain their section; and maintenance of garages.
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.
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).
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The August 2017 issue of MCS Courier includes: precedents and the Ombud service; the calculation of Ombud levies; and having four member bodies corporate.
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.
This week: Conveyancers more than just 'middlemen'; a worldwide trust crisis forces real estate agents to adapt; and 2017 residential affordability improvements are slipping.
This week: Proposed Property Practitioners Bill will have far-reaching effects; residential building statistics; and upfront pricing information is important for consumers.
Australia: A wide ranging interview with Marcus Price, CEO of PEXA, which is spearheading the property industry’s transition from paper to digital settlements.
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?".
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.
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.
An article from some time ago by Barry Jacoby delves further into the question posed last week in Wasted costs question.
UK: The government aims to ‘Inject Innovation’ into the home-buying process by seeking feedback on the current home buying process in their recent Call for Evidence.
Allen West considers the question of whether it is appropriate for an agent to appear before a Notary Public to execute notarial attested documents.
This month's issue includes: 10 things to note when reviewing the AGM pack; when no AGM quorum is achieved; and Exclusive use areas - can they still be created?
UK: HM Land Registry have developed a new digital mortgage service which enables borrowers to sign their property deed online.
This week: Decontextualized statistics could lead property owners astray; Delft buyers duped in property scam; and is Airbnb driving out long-term tenants?
Question: what factors need to be considered in a sale where a seller sells his home for a purchase price reflected as a crypto or a foreign currency?
Daniël van Zyl discusses Section 21 of the Companies Act 71 of 2008 which allows for a prospective buyer to act as an agent for a company yet to be formed, when signing.
Register for next year's LEAD courses aimed at giving attorneys a practical background in conveyancing and notarial practice.
This week: Sectional Title sellers need additional certificates; residential building activity contracts;and Cape Town House Price indices.
Deeds Office Cape Town Year End Arrangements: December 2017 to January 2018 - A schedule setting out changes to the normal operations in the various sections.
This week: Credit and mortgage advances; a tenants' right of first refusal to buy; and Cape Town flats continue to lead in a modest rental growth market.
AI is going to have a significant impact on legal practices and clients are challenging them to take a lead in offering progressive services and solutions.
Jack Crook gives three tips to help you achieve a smooth and hassle-free transfer if you are buying or selling property this festive season (or any other time for that matter).
This month's edition includes: consider duet sectional title schemes when you can’t subdivide; body corporates and bank accounts; and audit and financial reporting documents.
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 2017.
This week: EAAB refutes claims of 50 000 illegal estate agents; the difference between an HOA and a Body Corporate; and NSW to digitise home buying.
Megan Gedye explains the simple and well established legal principles applied by municipalities in town planning following the building at 317 Currie Road.
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.
This month's newsletter includes: building penalties in Homeowners' Associations; visitors in sectional title schemes; and a checklist for a managing agent contract.
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.
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.
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.
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.
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.
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.
This month's newsletter includes: AGM season; notice confusion around managing agent contract termination; visitor parking bays; and the nature of the pool area.
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.
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.
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.
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'.
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.
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.
Johannesburg Municipality - a notice clarifying the Municipality's policy of collecting outstanding debts before the transfer of an immovable property takes place.
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.
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.
This week: When landlords and tenants clash, mediation is key; what it costs to evict a tenant; and has the property cycle peaked?
Chantelle Gladwin and Rogan Heale examine the legal issue of when a disconnection of water or electricity by a municipality will be lawful.
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.
The City of Cape Town will be hosting information and feedback sessions regarding S118 Rates Clearance, Deeds and Refund Automation processes.
This week: Further uptick in household credit and mortgage balances growth; Political risks turn off local and foreign property; and yield compression continues.
This week: Johannesburg property valuation questions answered; FNB Property Barometer; and should you pay a large deposit on an investment property?
The March Newsletter includes: Levy contributions authorised by trustee resolution; substitution of rules by the body corporate; and new Paddocks courses and workshops.
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.
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.
The Black Conveyancers Association with its partners Juta and Korbitec, will be starting a foundation level conveyancing course for conveyancing secretaries and paralegals.
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.
The April newsletter includes: When sectional title schemes should be home owners' associations; overcrowding in sectional title schemes; and children using a pool area.
This week: building activity remains in the low single digits; considerations when renting out your property; and the latest Legal Practice Act developments.
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.
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?
Sascha Beck discusses the role of the Community Schemes Ombud Service in resolving disputes in community schemes like flats, complexes HOAs and golf estates.
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.
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.
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.
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.
Australia - PEXA has introduced a new, more effective verification of identity standard (VOI Standard) replacing the traditional ‘100 point’ system of identification.
GhostConvey's secure communication channels protect conveyancing transactions and reduce the threat of fraud by inter alia keeping messages secret and tamperproof.
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.
Prevent fraud happening by heading these tips for strong passwords, as the security of every platform/application ultimately depends on the user's password.
Cape Town: Section 118 Applications - Administrative fees for rates clearance applications are to increase from 01 July 2016.
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.
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.
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.
Mangaung Metropolitan Municipality: Section 118 Applications - Administrative fees for Rates Clearance Applications are to increase from 01 July 2016.
This week: Falling import volumes could slow industrial-rental growth; low consumer confidence sees residential property slowdown; and don't eagerly alter your property.
LexisNexis’ Practical Guidance in Real Estate, Land and Conveyancing practice area has just become available to GhostConvey users.
This week: Tenants not liable - Ekurhuleni Germiston punished for unlawful disconnection; auctioning property; and for how much security is your landlord responsible?
An analysis of Arun Property which considers the nature of the expropriation classification and the resultant ramifications for a valid deprivation of property.
This week: 'Silent expropriation' practices in sectional title properties; rise of the millennials: a property revolution; and the household sector is more cautious.
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.
UK - Joe Reevy explains why cross-marketing is essential and gives advice on how attorneys can use it effectively to cultivate their clients now.
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.
The June newsletter includes: How Sectional Title scheme rules will be interpreted under the Sectional Titles Schemes Management Act; and cession of contracts.
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.
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.
Allen West discusses the autonomy of the Registrar of Deeds with regard to CRCs, Registrar's Conference Resolutions and Chief Registrar's legal opinions.
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.
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.
Australia - Paper certificates for property transactions once gave a sense of land ownership but new laws are changing that.
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.
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.
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.
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.
This week: How to evict a tenant – when to start the process; Rode-REIM Conference 2016; and will your “smart” home attract more buyers?
Australia – a recent change to a government form has unintentionally jammed a spoke into the wheels of the promising e-conveyancing industry.
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'.
This week: Sectional Title Schemes Management (STSMA) and Community Schemes Ombuds Service (CSOSA) Acts have been signed; and rental and building statistics.
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.
This week: Improving the value of commercial property; continued low growth in household credit and mortgage balances; and how to subdivide your property.
Chantelle Gladwin and Christopher Tucker explain the effect of de-registration and necessary re-registration of Home Owners’ Associations in the Companies Office.
This week: Durban rates backlog hits property sales; middle-segment house price growth under pressure; and Ekurhuleni property owners can now pay rates online.
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.
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?
Chantelle Gladwin and Renand Pretorius explore the laws governing the cancellation of residential leases and explain proper termination procedures after a breach.
This week: Owners and banks differ on property valuations; continued slowdown in residential building activity; and should consumers trust conveyancing “dabblers”?
Chantelle Gladwin and Tenielle Combrinck examine the legal rights of property owners and occupiers when dealing with illegal buildings.
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?
The newsletter includes: An overview of the Community Scheme Ombud Service; Reserve funds and the STSM Act; and electronic communication in community schemes.
Donald Moore has a question to ask of conveyancers about their responsibility to adjust rates and service charges between purchaser and seller.
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.
Sascha Beck discusses the effect of the Community Schemes Ombud Services and the Sectional Title Schemes Management Acts on the responsibilities of trustees.
The LSSA is opposing an application to the High Court: Gauteng Division by Proxi Smart for their wanting to render certain conveyancing-related services.
UK: The Conveyancing Association has published a paper on ‘Modernising the Home Moving Process’ outlining a future, more certain and transparent process.
Maike Gohl and Jonathan Salant discuss Pieterse v Lephalale Municipality regarding appeals to a provincial authority for town planning decisions taken by municipalities.
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.
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.
This month's edition includes: Quorum requirements ito the Sectional Titles Schemes Management Act; access for disabled persons in schemes and "MR&R plans".
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.
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.
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.
An updated 2011 article by Allen West adding aspects of notarial tie-agreements such as: adding or removing properties, undisclosed principle and clearance certificates.
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.
The December Newsletter includes: adequately insuring sections; updating HOA Memorandums of Incorporation; and involving a body corporate in sectional repairs.
Australia - Property Exchange Australia Pty Ltd (PEXA) plans to introduce a National Mortgage Form (NMF) later this year to streamline property mortgages.
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.
Dudley Lee clarifies a comment he made in Registrar's Conference Resolutions 2014 about the current process of drafting and passing Registrars Conference Resolutions.
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.
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.
This week: steady middle-segment house price growth continues; what you need to know about renting residential property; and 1st Quarter 2015 Housing Review.
Cape Town: guidelines clearing uncertainty about inter alia payment schedules, incorrect payment procedures, and incomplete or unclear documents.
This week: Crystal-balling property’s performance; Residential Property Indices; and achieving an accurate valuation on property indicates an estate agent's skill.
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.
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.
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?
The February Newsletter includes: Holiday renters vs. permanent residents; does your scheme need Batman?; Wake up and smell the POPI; and installing generators.
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.
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.
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.
Guidelines to Prepare for The Conveyancing Examination - what prospective conveyancers need to know when preparing for the conveyancing practice examination.
The March Newsletter includes: Community Schemes Ombud service; keeping pets in community schemes; duties of a Managing Agent; and all things "Special".
Allen West answers the question of how the decision in Rainbow Diamonds concerning bona vacantia assets accruing to the State affects conveyancing practice.
This week: Protect your sectional title property from devaluation; Scottish Law Society to invite tenders for digital conveyancing portal: and Rental Payment Monitor.
This week: banks approve bonds to better-prepared borrowers; hijacked buildings threaten Joburg CBD; House price indices; and are three bedroom apartments worth it?
The Portfolio Committee on Public Works invites interested people and stakeholders to submit written comments on the Expropriation Bill [B 4—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?
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.
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.
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.
Australia: the introduction of a national e-conveyancing regime in constitutes the biggest reform to the industry since the introduction of the Torrens system.
This week: translate amortisation into big savings; Housing Review 2015 Q2; snoozing not an option for landlords; and Agent Magazine February/March 2015.
This week: subdued residential building activity; conveyancers need to get social; and many fortunate housing pockets are bucking the declining trend in house prices.
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.
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.
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.
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?
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?
Cape Town: Section 118 Applications - Administrative fees for rates clearance applications are to increase from 01 July 2015.
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.
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.
Guidelines regarding surveys and a suggested declaration clause implementing the Alien and Invasive Species Regulations which came into effect in October.
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.
Part II covers the parties; the creation of reciprocal obligations between heirs; transfer duty; and post liquidation and distribution account acceptance agreements.
Do the exemptions from Fica identification and verification procedures cover Bond Cancellations as they are not mentioned as a transaction requiring verification?
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.
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?
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.
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?
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.
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.
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.
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.
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.
This week: Improved levels of residential building activity; Johannesburg Deeds Office Notice; owning heritage property; and property audit due for completion.
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?
This month's newsletter includes: Aspects of new HOAs the initial buyers should know about; advantages of arbitration and are "bucket accounts" legal?
This week: Cybercrime and conveyancing; what late-blooming property owners need to know; and what's really happening in SA property.
Ann Bertelsmann, editor of the Risk Alert Bulletin discusses "Friday afternoon" cyberfraud scams and warns that cyberfraud claims could be excluded from indemnity.
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.
This week: The difference between sub-letting and assignment; online property marketing key to getting property sold; and residential building statistics.
Dudley Lee discusses and gives reasons as to why he is a bit at odds with the original article - A rose by any name.
This week: Industrial properties desperately need a turnaround in the manufacturing and retail sectors; credit and mortgage advances; and bodies corporate explained.
This month's newsletter includes: geyser maintenance and cost responsibilities; the powers of trustees with regard to parking; and maintenance of windows and doors.
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.
New Zealand - a “Capped Conveyancing” insurance policy was recently launched which allows lawyers and their clients to better manage their risks in conveyancing.
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.
Draft regulations for the Community Schemes Ombud Service Act (CSOSA) and the Sectional Titles Schemes Management Act (STSMA) have been published for comment.
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.
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?
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.
Dylan Bradford considers the implications of EM and EM Engineering (Pty) Limited v KwaDukuza Municipality and Others for rates liability over newly subdivided land.
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.
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?
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.
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.
This week: Residential market remains well-balanced, but near term weakness ahead; body corporates may disconnect utilities; and rental growth has started to slow.
In sufficiently serious cases our courts will protect residential complex owners from the disliked, irrational, aggressive and disruptive “Nightmare Next Door” owner.
This week: Taking the stress out of year-end client communication - with GhostMarketer; deciding between multiple offers; and the November house price indices.
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.
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.
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?
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.
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.
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.
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.
The January newsletter includes: levy discounts; changing all the trustees between AGMs; VAT Relative to HOAs and Bodies Corporate; and trustees withdrawing consent.
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.
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.
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.
Allen West covers the nature of agency, mandants, agents, proof of agency and the registration of powers of attorney, and the formalities connected therewith.
Pretoria Deeds Office - because some deeds are executed outside the execution room, a daily attendance register for conveyancers is to be kept at execution.
Cape Town - Rates Clearance Automation and Portal - registration deadline for firms has been moved from 28 February to 10 March.
This week: residential building statistics; assets do not necessarily assist in obtaining a bond award; and exorbitant rates loom for Joburg high-rise properties.
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.
Allen West covers a number of general aspects about praedial servitudes, including diagrams illustrating them, and their creation, registration, modification and termination.
When the Sectional Titles Schemes Management Act comes into force, Reserve Funds for bodies corporate will be mandatory. Jennifer Paddock explains the implications.
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.
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.
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.
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.
Chantelle Gladwin and Adam Civin examine the implications of objecting to unrealistically high property valuations outside of advertised roll inspection periods.
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.
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.
This week: House price growth resilient in challenging market; City trumps province on municipal zoning decisions; and low emigration levels boosting the house market.
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.
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.
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.
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.
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.
This week: 2014 Election property market behaviour; South African property market giving increasingly good returns; and can house prices continue to beat inflation?
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.
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.
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.
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.
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.
The April newsletter includes: Estate agents need to understand Sectional Titles; Tips for Sectional Title insurance; and Exclusive Use Area: extension vs improvement.
Chantelle Gladwin and Gabriel da Matta explore the different ways in which the common costs of running a sectional title scheme can be charged.
Legal certainty for the proprietary consequences of polygamous customary marriages is lacking, in the absence of answers from the courts and legislature.
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.
Nkuba Ngoasheng discusses Bester and Others NNO v Schmidt Bou Ontwikkelings CC - a case of untangling the faulty knot when property is mistakenly transferred.
The May newsletter includes: how the trustee decision system works; understanding community scheme finances; and the repair of interior damp.
RatesClearance.com is well on track to meet the deadline of 1 July 2014 in rolling out Advanced Electronic Signatures (AES) to Councils.
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.
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.
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?
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).
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.
The City of Johannesburg has implemented an easier and cheaper way for attorneys to pay for clearance certificates via EFT (Electronic funds transfer).
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.
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.
Allen West offers some clarity on the thorny issue of the devolution of immovable property emanating from a foreign estate.
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.
The June Newsletter includes: trustees and rule-making; business strategy; luxurious and non-luxurious improvements to common property; and waterproofing.
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.
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.
This week: 'Arrogant' municipality slated over property transfer ineptitude; why owning beats renting; and five Rural Development and Land Reform Bills to be introduced.
Ann Bertelsmann highlights the latest conveyancing scam doing the rounds in which the conveyancer's and purchaser's emails are intercepted and addresses spoofed.
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.
This week: New laws spawn uncertainty over property rights; Rode-REIM Real Estate Conference 2014; and capacity is not the only issue for conveyancers.
Allen West answers a question from Rowan Harrison about the transfer of notarially tied properties held by different individual owners.
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.
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.
Cape Town has adjusted its communication platforms and workflow for S118 applications and escalated matters; and conveyancers need to register for E-Services.
Allen West discusses the requirements to be used in determining whether a notarial cession of a personal servitude must be executed bilaterally or unilaterally.
President Zuma has signed into law the Local Government: Municipal Property Rates Amendment Act.
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.
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?"
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.
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.
Allen West continues with more conveyancing facts about inter alia Notarial tie agreements; lost or destroyed rules of a scheme; and untraceable bondholders.
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.
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.
This week: who pays for the upkeep of rental properties; home-buying homework for millennials; no maintenance, no home-loan; and residential property affordability.
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.
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.
Allen West discusses the practices and procedures surrounding the interpretation, differentiation and implementation of reversionary rights under different scenarios.
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.
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.
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.
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.
Allen West discusses the registerability of contingent usufructs and related matters including their effect on transfer and mortgage, multiple holders and concurrent usufructs,
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.
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.
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.
This week: Think before signing estate agent mandates; Housing Review - Q4 2014; Rates Clearance Feedback sessions; and when to use home equity.
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.
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.
Chantelle Gladwin and Adam Civin on the impact of the 2014 Occupational Health and Safety Act Construction Regulations on "clients" and managing agents.
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.
A check-list for the exercising of an extension of a sectional title scheme in terms of section 25 of the Sectional Titles Act.
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.
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?
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.
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?
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.
This week: amended Cape Town Deeds Office year end arrangements; Cape Town rates clearance delays; and keep your short term holiday tenant in control.
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.
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.
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.
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.
This week: Comprehensive housing reviews from Absa and FNB, eThekwini takes years to register properties, and hurdles to exploiting a R50bn property sector.
GhostConvey has just launched fully-integrated Deeds Office searching, allowing Conveyancers a convenient and direct link to live data from Deeds Office databases.
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.
Sydney Mekwe and Wiseman Bhuqa examine deeds office practice with regard to the transfer of ownership by way of expropriation and vesting.
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.
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.
This week: 2013 - The year of the rolls, properties in trust too risky for many banks, and Ooba statistics show positive start to 2013.
A list of frequently asked questions and their answers about the new SARS eFiling system which went live a month ago.
This week: Autocratic management 'create havoc' in sectional title schemes, residential building statistics and computers have depersonalized loan applications.
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).
When choosing a managing agent these days one has to find suitable candidates with an established track record of integrity and reliable references.
This week: 'Deposit drag' keeps property market 'on a choke-chain', new Cape Town Zoning Scheme (CTZS), and House Price Indices - February 2013.
The Attorneys Insurance Indemnity Fund (AIIF) started receiving notifications from conveyancers about a particular conveyancing related scam at the beginning of 2012.
This week: conveyancing deductibles in respect of indemnity claims, a jump in residential demand, building statistics, and check that buyers have sold their properties.
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.
Donald Moore corrects some misconceptions about the legal nature of certificates and their need as a prerequisite for a transfer to be registered.
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.
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.
This week: phantom offers for your property, house price growth slowing, yet household need for greater residential fixed investment is gradually growing.
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.
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.
Graham Paddock writes that sectional title transactions are complex because some degree of permission or cooperation from the community of sectional owners is needed.
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.
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?
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.
Answers are given to a Fin24 reader who questions the Estate Agency Affairs Board’s power to regulate property sales outside of Fica legislation.
Graham Paddock discusses the body corporate's obligation to ensure that a scheme has adequate fire insurance and has taken action to prevent fires.
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).
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.
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.
The Property Valuation Bill, 2013 was recently published by the Minister for Rural Development and Land Reform in the Government Gazette for comment.
This week: an expensive property fraud, the coast is threatened, credit and mortgage advances, and the Restitution of Land Rights Amendment Bill is published.
G K Makallane submits that the known interpretation or application of the concept of habitatio has been flawed for far too long.
This week: May 2013 Property Barometer, new construction 'poses a threat to property prices', and how will inflation impact on property investors?
This week: House Price Indices - May 2013, essential provisions of a property lease agreement, and electronic conveyancing is just around the corner in Australia.
During July, Korbitec Municipal Services will be going live with eThekwini Municipality thereby giving you simpler access to online rates from within GhostConvey.
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 '.
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?
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.
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.
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.
To certify or not to certify that is the question: asks Milton Koumbatis, in a comprehensive commentary on the controversy surrounding electrical fence certificates.
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?
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
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.
A guideline of the practices regarding the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.
Part II of the guideline of practices about the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.
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?
The July newsletter deals with communication between managing agents, trustees and owners; Profs Qs and As; and tampering with the minutes of meetings.
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.
This week: Regional migration trends, qualification reprieve for estate agents, the mandament van spolie, and banking changes improve access to property ownership
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.
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.
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.
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.
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.
Dudley Lee takes issue with and has a number of comments, concerns and reservations about the article Rejection Guidelines published in July.
This week: eThekwini Municipality embraces the future with electronic rates, a property 'agent' must provide proof of mandate and FNB's Housing Affordability Review.
Jennifer Paddock provides us with a cheat sheet of the consent levels necessary for body corporate decisions.
This week: Residential Yield Review, Johannesburg's residential transformation, SA property market - healthiest in years, and Lightstone's Residential Property Indices.
A recap of the recent Own Tomorrow conference held in Cape Town, Durban and Johannesburg as well as a link to the presentations.
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.
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?
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.
eThekwini guidelines for the issuing of revenue clearance certificates in terms of Section 118 of the Local Government: Municipal Systems Act 32 of 2000.
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?
Chantelle Gladwin addresses several keys issues raised in relation to electricity theft, specifically in relation to a multi-dwelling setting.
This week: First time home buying declining; a fixed-term property lease should protect all parties; and the latest on the Legal Practice Bill.
Ramon Pereira and Chantelle Gladwin give advice on the causes of and how to deal with, having an unusually high water bill.
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.
This week: Insufficient demand for building work biggest constraint; Housing review - 4th Quarter 2013; and a liquidation order always comes ahead of property mandate.
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.
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.
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.
This week: township house growth; a weak property market outlook; various indices; and Homecoming sentiment of SA expats bodes well for residential property.
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.
This week: Home ownership is once again looking much more attractive than renting; Know where your property boundaries are; and Residential building statistics.
The Law Society of England and Wales intends going live with their conveyancing web portal.
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.
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.
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'.
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.
This week: residential real estate market on solid ground heading into 2014; residential building statistics; and rising home prices lead to bank valuation challenges.
As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2011.
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”.
This week: title deeds delays fail upliftment goals, FNB Property Barometer - 1st Time Buying, and Absa House Price December Indices.
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.
This week: Boomers worth their weight in gold, borrowers in pound seats and country wide preparations for new rates valuations.
The implementation of the City of Cape Town’s new ISIS system has not been without incident and problems are being resolved.
After nine years change has happened and the GhostDigest has been transformed into a sleek, clean new website.
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.
Allen West highlights the centrality and importance of conveyancers and registrars in upholding the integrity of South Africa's land registration system.
The January digital newsletter for the sectional title community deals with quorums, swimming pool insurance and establishing a HOA.
This week: Non viable mortgages, house price growth remains slow and is slowing down, and Cape Town's high tech property transgression monitoring.
Allen West discusses the sale and transfer of land in townships as governed by the Town Planning and Townships Ordinance 15 of 1986.
Get more exposure for your conveyancing practice by joining the REASA panel of attorneys and by having your firm listed on Property24.com.
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.
Communiction 3/2012 of the Cape Town Registrar of Deeds deals with two items - back scanning and the rates clearance issue.
Leading property professionals have welcomed the budget as being one which will encourage a sustained improvement in the property market.
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.
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.
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.
This week: February House Price Index, avoid the high-walled Johannesburg look, and ABSA and Nedbank cut ties with AA.
Thabo Nqhome responds to Capacity to sell about the selling of immovable property in the context of the Administration of Estates Act.
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.
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.
Sabinet has announced the launch of online access to the Transvaal Provincial Gazettes Archive from 1910 to 1994.
Allen West contends that the registration of praedial servitudes over sectional title units is untenable from a management perspective and should not be allowed.
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.
This week: Smaller panels limit consumer choice, ooba's statistics confirm continuing house price growth, and Johannesburg gets 62 000 billing complaints.
Practitioners must be wary when wording praedial servitudes. Merely referring to the owner and not the property is tanatmount to creating a personal servitude.
This week: embrace property transfer process, stagflating construction industry, Rental Housing Bill submissions deadline and a High Court techniques for success workshop.
City of Cape Town - the suspension of templates of previous rates clearance certificates has been extended to 30 April 2012.
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.
This week: FNB Property Barometer - 2012 could see 6% rate of growth, Standard now the mortgage bond leader, and embrace the property transfer process.
Gavin John the director of the KwaZulu-Natal Law Society writes that councillors and senior management have embraced tablet technology, using iPads.
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.
Allen West discusses the instances when full initialling of alterations or interlineations on Powers of Attorney, Consents or Applications is required.
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.
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.
Clarification as to what information is necessary and which alterations and errors are acceptable to Registrars in transfer duty receipts.
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).
This week: Residential buy-to-let and rental markets, lawyer fees 'stifle home ownership', and make sure your agent is 'for real'.
Allen West lists some interesting conveyancing facts about monetary figures, Eskom servitudes and the amendment of divorce agreements and of a person's status.
Nothing can get done in sectional title schemes if enough owners necessary to form a quorum don't bother to attend meetings.
Ann Bertelsmann highlights examples of inventive and convincing methods fraudsters have used to obtain unauthorised and premature payments of trust money.
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.
This week: WinDeed launches a judgment enquiry search facility, Absa house prices for April 2012 and listen to your instinct when buying property.
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.
This week: Absa's Second Quarter Housing Review, FNB's Commercial Property Barometer, the affordable housing sector needs help, and show days still matter.
The South African property industry is both ready for and moving towards an interlinked digital future as Internet penetration grows and collaboration increases.
Allen West discusses the transfer duty implications of the creation of negative personal servitudes in a deed of transfer of immovable property.
This week: Durban's new billing system to be phased in, residential building statistics, prof must demolish home, and leading indicators are slowing down.
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.
A reader would like to know whether Paragraph 51A of the Eighth Schedule of the Income Tax Act includes Trusts in the moratorium.
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.
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
This week: Johannesburg valuations jump, property capital flees incompetence and unexpected offers to purchase could increase.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The June sectional title newsletter deals with trustees removing unauthorised common property additions and remedies for a breach of fiduciary duties by HOA executives.
The City Council of Cape Town is to implement new measures from 30 July to reduce delays with rates clearance applications.
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.
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.
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.
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.
Sabinet has announced the launch of online access to the Natal Provincial Gazettes Archive from 1910 to 1994.
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.
Issue Number 41 of MCS Courier has sectional title articles about percentile levy adjustments, learning to count, and rules are rules - or are they?
Allen West continues with more conveyancing facts about waived unregistered usufructs, roman numeral linking, fractions exceeding two figures and notices of motion.
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.
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.
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.
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.
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.
RatesClearance.com will now be collecting administration fees for generating rates certificates on behalf of Mossel Bay and Bitou Councils.
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.
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.
As the city of Johannesburg strives towards better service, rates clearance certificates can now be paid via EFT.
This week: Absa House Price Indices - August, shared ownership can be a trap, row over sale of repossessed properties rages on, and heritage processes.
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.
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.
The August sectional title newsletter deals with the CPA and Managing Agents, disputes with neighbours and payments to the neighbourhood watch.
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.
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".
This week: September 2012 House Price Index, bank home loan deposit requirements back to recession levels, and who gets the interest in property transfers.
Allen West concludes his article about personal servitudes by covering their lapsing in general, by merger and by statute.
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.
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.
This week: Property Barometer - Emigration and foreign buying, Durban's R500m property billing system, and why your bond is your best investment.
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.
This week: Cut-price deals are no guarantee for conveyancing, conditional clauses are key when buying property, and a number of Property barometers.
This week : Property Barometers, Housing reviews, fiddling with home loans, the Rode Report, and Joburg property valuations are to be finalised soon.
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.
This week: Absa October House Price Indices, do your research on gated properties before you buy, and is student housing an investment opportunity?
Carol McDonald brings our attention to the requirement of an electric fence system certificate of compliance for sales agreements concluded after 1 October 2012.
This week: 3rd Quarter 2012 Segment House Review, Tribunal ponders whether touting rule contravenes Competition Act and a communication shift.
An overview of the 2012 Roadshow which hundreds of property professionals attended, comments by attendees and photos of the two lucky iPad 3 winners
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'?
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.
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?
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.
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.
This week: Residential property recovering investment attractiveness, a slew of property predictions for 2013 and a call to save SA from the ‘housing cliff’.
Anton Kelly considers how decisions are to be made when members of a homeowners association get together.
A query about RCR 46 of 2010 regarding the issuing of Home Owner Association consents in forced sales and charging therefor.
The Port Elizabeth Convey Club charges into 2011, expectant and ready for action.
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.
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.
This week: When to develop a property, bond application rejections are often illogical and making the paperless office work.
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.
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.
A response from Kevin Mahon in which he raises a few more issues regarding the full impact of RCR 46 of 2010.
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.
Donald Moor of Guthrie and Rushton expands upon the relevance of base cost when doing a Para 51A transfer.
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.
Nadia de Kock gives more clarity regarding who "connected persons" are when it comes to Close Corporations.
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.
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?"
Thabo Nqhome opines that Registrars Conference Resolution 83/2010 should properly be answered in the administration of deceased estates as opposed to conveyancing.
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.
Marie Grové and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.
Finance Minister Pravin Gordhan has for the first time since 2006 raised the transfer duty rate threshold.
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.
Can a document executed in Namibia for use in South Africa be authenticated before a Notary? Allen West has the answer - "No".
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.
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.
Dudley Lee differs with Thabo Nqhome on executors opening a sectional title register in a deceased estate and sets out his reasons pari passu.
Ever wondered how the Electronic Deeds Registration Process will look? This PowerPoint presentation graphically gives us the lowdown on the Electronic Deeds Registration Bill.
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.
This week: FNB Home Buying Confidence Indicator, wealthy suburbs show most recovery, and Singapore proposes new measures to protect conveyancing money.
Thabo Nqhome responds to Companies in liquidation - response II which we published last week.
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.
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.
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.
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?"
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.
This week: Eastern Cape Residential Property Review, Absa House Price Indices and purchasers cannot claim for anything spent on home before transfer.
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.
Allen West looks at some of the ins and outs of the legal and proprietary consequences of a marriage concluded outside of South Africa.
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.
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.
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.
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.
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.
This week: Building activity continues to contract, affordable housing in demand, and FNB housing barometer shows growth in affordable housing sector segment.
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.
This week: SA won't experience a doom and gloom property correction, Absa Housing Review, FNB Property Barometer and mortgage advances growth remains sluggish.
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.
This week: Home values still under pressure, a smear campaign is alleged, and a big increase in black home ownership.
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.
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.
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.
Barry Cloete pens some thoughts and observations on the impact of the Consumer Protection Act on estate agents.
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.
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.
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.
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.
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.
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.
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.
This week: The right time to buying a home, estate agent 'bribes' get seal of approval, and the FNB Estate Agent Property Barometer.
Maria Davey of Meumann White discusses the application of the Consumer Protection Act and its applicability to the sale of residential property.
This week: Nasty surprise as bank adjusts rates, online service speeds up home conveyancing process, and whether to rent or buy a home.
This week: transfer duty system annoys conveyancers, exploiting the environment development gap, and mortgage advances remain sluggish.
UK - Land Registry has scrapped plans to use electronic transfers with e-signatures and to extend the use of electronic legal charges.
The June free digital newsletter with its usual high quality content for the sectional title community was published last month.
This week: Buy-renovate-sell investments fall 50%, Absa House Price Index and the FNB Property Barometer.
Allen West looks at subdivision vis-n-vis the sale of agricultural land.
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.
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.
Sars has announced a number of important changes and enhancements to the transfer duty process, which should speed up the issuing of receipts.
Does a deeds registry need to comply with the National Archives and Records Services of South Africa Act asks Erna-Marié Pretorius?
This week: four certificates necessary to sell a home, office rentals strengthen, and Cape Town declares war on problem properties.
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.
This week: residential building is mixed, rental market performance is strengthening and the residential property market remains sluggish.
This week: foreign buying in SA, Rode conference to address property woes, and FNB's Property Barometer.
Hannelie Bronkhorst explains what must be done when the same property is registered in the name of two different owners.
This week: FNB Property Barometer - Segment and Market Strength Review, ABSA House Price Indices and the need for a will if you own property.
Allen West discusses the capacity of a rehabilitated insolvent to deal with immovable property.
This week: the brain drain has slowed, integrated housing developments could help housing backlog, and homeowners are holding onto property for longer.
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.
This week: households are obsessed with consumption spending, Western Cape property market and leading indicators.
Accenture has signed an agreement to design, build, test and deploy Australia’s national e-conveyancing system
The start of a series of articles giving an overview of the how far e-conveyancing initiatives have progressed in a number of countries.
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.