Navigating Your Property Rights Under South Africa’s Expropriation Law
If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of “nil compensation”, it is important to look beyond the headlines. When viewed through a […]
Should You Step Up? The Reality of Becoming a Trustee
For many property owners in South African sectional title schemes, the Annual General Meeting (AGM) is a routine formality. But when the call for nominations goes out, you might find yourself wondering: Should I become a trustee? It is an act of service that keeps a co-existing community functioning, yet it is far from a […]
Selling a property with defects: What you need to know
The purchaser signs an agreement of sale with the seller. The property is transferred into the purchaser’s name. A month later, there is heavy rainfall and they realise that the roof is leaking. Is the seller liable to repair the roof or the purchaser, as the new owner? To understand which party is liable, one […]
The Rei Vindicatio and the Actio Ad Exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which will […]
Township Property: An Untapped Market?
Much has been written about the residential property markets in South Africa’s iconic cities: Johannesburg, Cape Town, and Durban. But what of the largest townships in or adjacent to each of these cities: Soweto, Umlazi, and Khayelitsha? While the glossy brochures and media headlines often focus on city skylines and prime real estate, there’s a […]
How the New Expropriation Act Shapes Land Acquisition in South Africa
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 compensation for property owners. While […]
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 […]
Are You Ready to Step onto the Property Ladder?
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 ‘one-size-fits-all’ answer, there are several […]
Compliance Certificates Required When Selling a Property
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 certificates: Electrical Compliance Certificate The […]
Navigating Property Disputes: A Guide for Owners and Tenants
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 property. These can occur in […]