Legal Insights
from Kuilman
Mundell & Arlow

In his poem The Mistake, James Fenton talks about the sad truth in making mistakes. He beautifully describes that even with blatant warnings that are ignored or subtle hints that have gone unnoticed, we sometimes go about our lives not knowing about the mistakes we are making—and how they will

President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair

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

Choosing the right time to go from renting to buying.  Deciding when to transition from renting to buying can be daunting—and in the current economic climate, even those with the financial means to do so are unsure if now is the right time to do so. While there is no

Registering a business in South Africa is essential to ensure your company operates legally and complies with local regulations. The process can be straightforward if you follow the proper steps. Here’s a guide to help you through the registration process. Step 1: Choose Your Business Structure The first decision you’ll

There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary

SUMMARY: I was recently asked by a purchaser of a property as to why he had to pay a penalty for late payment of transfer duty and why the conveyancer dealing with the transfer had not advised him of the penalty. This of course leads to the question of whom,

When can the provisions of a trust deed be set aside?  When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away

Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a

Navigating the rules and regulations for short-term letting. With short-term letting and (more specifically) Airbnbs ramping up in South Africa, disgruntled owners and tenants are voicing their concerns when it comes to short-term letting properties contained in complexes, estates, and apartment blocks. While freehold property owners can act freely, sectional

Purchasing a home is an exciting milestone, but without proper guidance, the process can be daunting. South Africa’s property market has unique legal and financial steps that buyers must follow. Whether you’re a first-time buyer or an experienced investor, this guide will walk you through each stage, from securing financing

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

Even though the current generation is more open to talking about virtually anything, there is still a tendency among people to avoid talking about certain topics irrespective of their paramount importance. Signing a prenup, which is more appropriately referred to as an antenuptial contract, might be one of the taboo

If you’re buying or selling property for the first time, the transfer process might seem a little overwhelming. We’ve compiled a list of common questions to help you understand the key steps and make the experience a bit less daunting. 1. What does a conveyancer actually do?A conveyancer is a