Before transferring any fixed property at a deeds office, a municipal clearance certificate has to be obtained and lodged. The certificate confirms that all amounts due to the municipality in respect of the property have been settled up to date and also an advance amount for a period of typically three months. The transferring attorneys […]
Read more...Category: Property Law
Property transactions
Can you evict adult non-dependant children from a farm?
First Realty (Krugersdorp) (Pty) Ltd brought an application for the eviction of various occupants situated on one of its properties in terms of the Extension of Security of Tenure Act, 62 of 1997 (“the act”). The property was a farm owned by Mr Hamman since 2011. Hamman’s application relied on sections 10 and 11 of […]
Read more...Electronic signing of bond documents – good or bad?
Recently, some of the major banks in South Africa have introduced electronic signature for bond documents. This method of signing replaces the traditional (signature by hand) method of signing bond documents. The reasons why electronic signatures have been introduced are the following: It saves time during the consultation with clients. Electronic signatures are faster than […]
Read more...WHY SHOULD YOU TAKE NOTE OF THE MUNICIPAL VALUATION ROLL?
The Local Government: Municipal Property Act, 6 of 2004, provides municipalities with the power to levy a rate on properties in its area. The rate is calculated on the market value of a property and is commonly known as the rates and taxes that you pay to the municipality each month. Do you know how […]
Read more...Options v Rights of first refusal
If you market, buy or sell immovable property on a regular basis you will at some stage be faced with Rights of First Refusal and Options. Although they might be similar in nature, they have core differences. Failure to understand these differences is simply not an option. In both cases you will have a grantor […]
Read more...Can I sign my sale agreement with DocuSign?
According to its website, DocuSign is an American based company that allows you to electronically sign any document from “sales contracts and offer letters to account openings and invoices”. But can you use it to sign a sale agreement for your immovable property in South Africa? Section 2 of the Alienation of Land Act, 68 […]
Read more...Owner, can you move “shop” to your house?
Lockdown has changed many a thing in our daily lives – one of them is trying to work from home. The question many might ask once the lockdown has been lifted, is whether you can “move shop” and start running your business from your residence? What many homeowners don’t know or realise, is that their […]
Read more...How to object against the municipal valuation of my property?
The Local Government: Municipal Property Act, 6 of 2004, provides municipalities with the power to levy a rate on properties in its area. The rate is calculated on the market value of a property. Consequently, all municipalities must compile a valuation roll which provides the value of each property in the area of the relevant […]
Read more...How old may the electrical certificate of compliance be?
The COC may not be older than two years on the registration date of the transfer of the land. Volker Krüger
Read more...When will the bank deduct the first mortgage bond instalment from the purchaser’s bank account?
The banks don’t all follow the same policy. You should ask your bank what their relevant rules stipulate in this regard. Volker Krüger
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