sectional title act south africa

Application of Section 4 (2) of the Sectional Title Act 95 of 1986 when...

It often occurs in practice that a sectional title scheme is opened on more than one piece of land. In terms of the repealed...
Levies due

Arrear levies also prescribe

This is a wakeup call to all body corporates and managing agents. The case involves a dispute between ex-spouses who are owners of a sectional...
Property sale in execution

Sale of Property in Execution – Must Property be Transferred Free of, or Subject...

Where land is subject to a usufruct and the bare dominium owner wants to register a mortgage bond over such property, the financial institution...
virtual signing affidavits

Virtual Signing of Affidavits

The Respondent challenged the Applicant’s founding and confirmatory affidavits on the basis that the affidavits were commissioned virtually and therefore not “in the presence...
Signature on agreement of sale

Are signatures required on a Contract or Agreement of sale? – Conveyancing Update

One is often confronted as to whether a witness needs to sign an offer to purchase or sale agreement. There are often two spaces...
Allen West Conveyancing Update

The Registerability and Effect of a Condition Excluding Community of Property – Conveyancing Update

From a conveyancing perspective a testamentary condition, excluding community of property in respect of immovable property and inserted in a deed when such immovable...
Cancellation of Deed of Sale

Cancellation of Deed of Sale – Conveyancing Update

If a transaction whereby property has been acquired, is, before registration of the acquisition in a deeds registry, cancelled, or dissolved by the operation...
Damp in house

Voetstoots – 24kgs of Polyfilla, Latent Defects and Damp

The Gortzens (appellants) had jointly acquired and owned the property at issue during their marriage. Their relationship subsequently soured, and Mr Gortzen moved out...
Deeds Office Fees 2024

New Deeds Office Registration Fees for 2024

GOVERNMENT NOTICES DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NO. R. 4447 as at 29 February 2024 DEEDS REGISTRIES ACT, 1937 (ACT No. 47 OF 1937):...
City of Ekurhuleni

City of Ekurhuleni Electronic Rates Clearance Certificate Enhancement

The City of Ekurhuleni has enhanced their rates clearance certificate system as the 23rd October 2023. Herewith the enhancement summary: The City of Ekurhuleni’s rates certificates...
Allen West Conveyancing Update

Capacity of Divorced Persons to Deal with Immovable Property – Conveyancing Update

Where a divorced person deals with immovable property it must first and foremost be ascertained whether such person has the full legal capacity to...
Power-of-Executor-or-Representative to Act Prior to Appointment by Master

Power of Executor/ Representative to Act Prior to Appointment by Master – Conveyancing Update

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The question one is often confronted with is whether it is the duty of the registrar of deeds to conclude whether the date of...