Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
830 Rent2buy affordable units in 20 well managed and secure sectional title developments now available
“It is a dream come true, to be able to introduce 830 new Rent2buy units in the affordable homeowner space”, says Meyer de Waal, a conveyancing attorney who launched and fine-tuned the Rent2buy concept since 2007. STUCK IN A RENTAL TRAP & PAYING OFF THE BOND OF THE LANDLORD Many aspiring home owners are not […]
Renting vs buying: The pros and cons
In a lowering interest environment, tenants are reconsidering their priorities. Driven by reduced interest rates and more lenient loan criteria, tenants are starting to have their sights firmly set on owning a home. While many particularly the ‘millennial generation’ chose to travel and live more ‘freely’ in the past, priorities have since changed. Travel and […]
Claiming ownership through acquisitive prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through […]
Are you obligated to pay arrear levies when purchasing a Sectional Title Unit? Part 2
Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The issue in the appeal is firstly, the […]
Understanding estate massing in community of property marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
More affordable RENT2BUY units now available in Gauteng
More and more property buyers feel they are left out in the cold and not able to get their foot in the door to own a home. Higher interest rates make it difficult for a buyer to secure his or her own home to buy. Tenants often feel that they have been paying rent for […]
Dream holiday or nightmare! An overview of the property time-sharing control act and the vacational ownership / time-share industry. Part 1
Part 1 This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. In part one, the article gives a broad outline of what the Property Time-Sharing Control Act entails and […]
Tenant ‘Red Flags’ and how to avoid them
The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory, and investors are getting in on the action. However, with the rise of investors choosing to take advantage of low prices and invest in ‘buy-to-let’ properties comes an excess supply of rental properties in areas with high supply […]
What implications does a lien have on eviction proceedings: Part 1
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]