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Category - Property Law

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Who Gets to Appoint the Conveyancer?
Is VAT payable when I sell my property?
What are my rights if the buyer refuses to sign the transfer documents?
When does a right of way prescribe?
Property transfer: How long should a transfer take to register, six weeks or six months?
Clearance certificates - how much can the municipality recover?
No water due to my neighbour’s borehole – what are my rights?
Property obtained deceitfully – can I keep it?
What is a private bond?
Is agent commission prescribed or only a guideline, i.e. may the agent charge more than prescribed? Can this invalidate a contract?
How are estate agents also involved in the Transfer Duty Act?
Stop That Builder! Neighbours Building Without Approved Building Plans – What are my options ?
Implied Servitudes in Sectional Title Schemes
Can a HOA take over the provision of municipal services?
A municipality’s obligation to provide temporary accommodation to evictees.
Does a purchaser have rights against a voetstoots clause?
How To Sell A Portion Of Your Farm
Body Corporate Rule Contravention: Can the Levy Clearance Certificate be withheld?
Squatter rights - is the municipality entitled to demolish informal settlements?
Are landlords obliged to provide backup power during loadshedding?
Can the municipality cut your power due to your landlord’s debt?
Fake clearance certificate: Is the transaction still valid?
Can body corporates reduce levy figures?
Beware when purchasing a property at a sale of execution
Why does the seller have to pay clearance figures before the transfer of fixed property?
Can you evict adult non-dependant children from a farm?
Electronic signing of bond documents – good or bad?
Why should you take note of the municipal valuation roll?
Options v Rights of first refusal
Can I sign my sale agreement with DocuSign?
Owner, can you move “shop” to your house?
How to object against the municipal valuation of my property?
How old may the electrical certificate of compliance be?
When will the bank deduct the first mortgage bond instalment from the purchaser’s bank account?
What does the seller have to do in respect of the municipal account after the registration of the property in the purchaser’s name?
Will I have to pay VAT on the sale of my property?
When can I as purchaser take occupation of the property?
Must the electrical certificate of compliance also cover our electric fence?
Who must obtain the electrical certificate of compliance?
How long does it take to get permission from the bank to proceed with the registration of my mortgage bond?
I do not have the funds available to pay the municipal clearance figures. What can I do?
Why do I have to pay cancellation costs for the cancellation of my existing mortgage bond?
Who qualifies for a government subsidy for the purchase of property, also referred to as FLISP?
Do I have to take out life insurance cover for my mortgage loan?
What if there is a shortfall on the seller’s finances? In other words, there is not enough money available to cover the outstanding balance on the existing mortgage loan of the seller?
How much money will I as seller receive?
Will the transferring attorneys invest the money that I pay into the trust account so that I earn interest?
My agreement of sale stipulates that I must deliver bank guarantees for the purchase price. How do I do that?
What happens if the bank does not timeously approve the purchaser’s loan application?
Can I get a discount on the bond registration costs?
When are the transfer and bond costs payable?
Can I make a further loan to pay the transfer or bond costs or to pay the deposit required by the bank which granted me a loan for the purchase price?
Can the bank withdraw my loan after granting it and before the mortgage bond is registered?
Can I buy and sell a property at the same time? Can I use the proceeds of my sale of one property to buy another property?
How much are the transfer and bond costs?
What is the difference between transfer costs and transfer duty?
How long does the transfer of a fixed property take?
Owner, where is your title?
Estate agencies being sued under section 54 of the Consumer Protection Act
Should I purchase the Shares or the Property?
Relocation of farm workers
17 interesting facts and tips on sale of land agreements
What clearance certificates have to be obtained where a farm is sold and transferred?
How does the Subdivision of Agricultural Land Act, 70 of 1970 affect the sale of land?
No transfer duty on movables: save R560’ on a transaction of R4m
Property Practitioners Bill
Delayed gratification - suspension of an eviction order
Liability of the Registrar of Deeds for negligent transfer of immovable property
Can I be held liable for a fire that spreads beyond my property?
Three transfers cost less than one – you must be joking!
Can I be held liable for a fire that spread beyond my property?
When will the voetstoots clause save the seller?
I want to sell my property, but the homeowners association is dysfunctional?
Do both spouses have to sign a contract for the sale of land where they entered into a customary marriage?
How do I deal with a dysfunctional home owners association when I need its consent for the transfer of a property?
Do both spouses have to sign a contract for the sale of land where they are married in community of property?
Is a contract of sale of land signed by the parties without any witnesses valid?
Does the other party have to sign again where I make small changes before signing a contract of sale?
What happens if the purchaser or the seller pass away before the registration of the transfer of the property?
Sale of property and the National Credit Act
Good news for HOA's
Does the municipality lose its rights to recover debts after a transfer has been registered?
Hoe werk ‘n vruggebruik by plase?
Kan 'n eiendom, wat deur bedrog bekom is, behou word?
When is VAT payable on the sale of a fixed property?
When does the purchaser have to pay VAT to the seller on the sale of property?
When are fixtures and fittings part of the house sold?
What percentage commission can an estate agent charge?
What mistakes are often made with filling in contracts of sale of the property?
What does the doctrine of fictional fulfilment mean for the purchaser who fails to obtain a bond?
What does real rights of extension in a sectional title scheme entail?
What does huur gaat voor koop mean?
What are the steps to sell subdivided agricultural land?
What are the most common methods of ensuring that the purchase price is paid upon registration of the transfer of the property?
Wat kan ek doen as ek geen water het nie as gevolge van my buurman se boorgat?
Wat is 'n privaat verband?
Wat gebeur as die koper of verkoper voor registrasie van die oordrag tot sterwe kom?
Wat doen ek as ‘n koper weier om die oordragdokumente te teken?
Wanneer verjaar ‘n reg op ‘n deurgangspad?
Wanneer kan die verkoper die kontrak kanselleer waar die koper versuim om die koopprys te betaal?
Wanneer is BTW betaalbaar ten opsigte van die verkoop van ‘n eiendom?
Uitklaringsertifikate - hoeveel kan die munisipaliteit verhaal?
Kan ‘n koper kan afstand doen van ‘n opskortende voorwaarde ten opsigte van ‘n lening?
Is agentekommissie voorgeskryf of slegs ‘n riglyn, m.a.w. mag die agent meer vra as wat voorgeskryf word? Kan dit ‘n kontrak ongeldig maak?
Is a standard form contract of sale not completed throughly valid?
Hoe word eiendomsagente ook nou betrek by die Wet op Hereregte?
Eiendomsoordrag: Hoe lank behoort ‘n transport te neem om te registreer, ses weke of ses maande?
Hoe werk koppel transaksies?
Eiendoms oordrag: Hoe lank behoort ‘n transport te neem om te registreer, 6 weke of 6 maande?
Double sales: who wins?
Does a servitude lapse partially through prescription where only a part thereof is used?
Do I always have to use the title deed description of the property in the contract?
Die koper kry nie ‘n lening nie. Is daar ‘n plan B?
Can a purchaser renounce the benefit of a suspensive condition that a loan must be obtained before a certain date?
Can a property subject to a usufruct be sold?
Is an oral agreement of lease valid?
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