Five home ownership costs you shouldn’t overlook

It’s not all about interest rates. With interest rates at a multi-year low, now is an opportune time for first-time homebuyers to step into the property market. However, when it comes time to budget, potential homebuyers are urged to account for several important, but often overlooked, costs. While home loan pre-approval gives homebuyers a clear […]

Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa

Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]

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 […]

Subdivision and Consolidation of Land

Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]

Increase in VAT: What rate should be charged in property transactions?

In the 2018 Budget Speech delivered by Finance Minister Malusi Gigaba on 21 February 2018, the standard rate of VAT was increased from 14% to 15%, effective from 1 April 2018. However, tax is never that simple. Even after 1 April 2018, there are circumstances where the applicable VAT rate will still be 14%. The […]

Planning your estate as newlyweds

For newlyweds, one of the most important tasks to attend to is estate planning. The estate planning will depend on what the couple wants and what form of marriage they are in. It is therefore important to keep the following in mind when planning the years ahead together. Marriage in community of property There is […]

Is the tenant or landlord responsible for the water leaks?

Questions, and sometimes disputes, often arise between landlords and tenants regarding where the responsibility lies with the maintenance of a property. The simple answer is that tenants can generally only be held responsible for repairs/replacement on the property if the damage was caused by the tenant’s actions, or items that have a short life span, […]

How do I cancel a lease?

What happens when a landlord or a tenant wants to cancel a lease? What rules and what legislation apply? What protection does the law provide? If you want to end your lease early, this can be done in situations where: the Consumer Protection Act or Rental Housing Act applies, or there’s a clause in the […]

Owning property without a will

If you die without a will, an administrator will have to be appointed to administer your estate which will be distributed according to the laws of intestate succession. As such, your assets may not be distributed as you would have wished. It also means that the process will be delayed and that there will be […]

Important steps for the transfer of property

The transfer process can take up to three months, sometimes longer. There are different steps involved in the transfer of a property, these include: 1. Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and […]