Property Law

With its picturesque coastlines, majestic mountain valleys, beautiful nature reserves and rich cultural heritage, it is no surprise that many non-residents are eager to own real estate in South Africa. Whilst owning fixed property in South Africa presents an attractive investment opportunity, it is important for foreign investors to understand the legal framework, processes, and […]

The term “voetstoots“, derived from Dutch and meaning “as is”, is a common legal term in South African property law. In property sale transactions, the principle implies that the property is sold in its current condition, with all its defects, whether patent (meaning visible) or latent (meaning hidden). If included as a condition in the […]

A title deed is issued to the registered owner of a property as proof of ownership. An owner wishing to exercise his rights, such as to sell or mortgage his property, will be required to lodge the original title deed with the relevant Deeds Office, through the appointed conveyancing attorney, in order for registration to […]

When dealing with the sale of property transactions, focus is often placed on the essential terms of the contract of sale i.e. the capacity of the parties, the property description, and the purchase price. There is however another crucial aspect which is often not addressed in the contract of sale and that is the production […]

In the recent decision of the Supreme Court of Appeal in the matter between The Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZA SCA 143, the court underscored the inherent right of a body corporate to block the transfer of a property by withholding a levy clearance certificate because of outstanding […]

We often hear and read about fraudulent property transactions in the media. The truth is that it happens more often than what is reported. The property sector generates a constant flow of individuals looking to either buy or sell properties which creates opportunities for fraudsters to deceive buyers and sellers alike.  The aim of this […]

Congratulations on the purchase of your first property. While buying your first home is exciting, the process can often seem complex and feel overwhelming.  With this guide we hope to provide some insight to first- time homebuyers.  1) The first step to buying a home is knowing what you can afford It is important to […]

There are various matrimonial property systems governing marriages in South Africa but, looking at the proprietary consequences of marriages, a marriage is either “in community of property” or “out of community of property”. Where an antenuptial contract was duly executed by the intended spouses prior to the conclusion of their marriage, and if the contract […]

Concluding an agreement for the sale or lease of immovable property can be an overwhelming experience, and one can easily overlook some of the most important clauses in the agreement. The condition of the property often becomes a contentious issue after registration of the property or conclusion of a lease, when the purchaser or lessee […]

Once an offer to purchase has been signed by the buyer and accepted by the seller, it becomes a legally binding agreement. It may happen that, once the agreement has been concluded, one or both of the parties decide that they no longer wish to proceed with the transaction. The seller may, for instance, decide […]

The Adams and Adams corporate commercial team is proud of its role in the ground-breaking transaction that saw Growthpoint launch its first local unlisted, purpose-built student accommodation real estate investment trust (REIT) and assemble a seed portfolio worth R2 billion. The firm’s corporate commercial team acted for the consortium of vendors of the REIT’s seed […]

The long-awaited Property Practitioner Act 22 of 2019 (the “Act”) came into operation on the 1st of February 2022. The Act has brought significant changes to the property sector. Amongst others, the Act recognise the need for transformation within the property sector and the protection of consumers. As a start, the Act has broadened the […]

Buying a new property isn’t as simple as getting approval for and paying off a bond. There are multiple additional taxes, fees and charges which will be payable to ultimately have the property registered in the name of the buyer. Some of the fees can be included in the bond application but others, such as […]

When do you become the registered owner of a property? Despite common belief, the finish line when buying and/or selling property is not reached when entering into an agreement of sale or even when signing the transfer documents at the conveyancing attorney’s offices. In fact, the finish line is only crossed once the transfer of […]

You have finally identified your dream home and want to put pen to paper and sign the sale agreement.  Thereafter you will probably approach a bank for a loan to secure the purchase price or part thereof. Securing the purchase price, be it by way of a cash payment or bank finance, is not the […]

Buying or selling property is one of the most exciting experiences for most individuals. However, one should take care not to sign an offer to purchase without fully understanding the implications of all the provisions contained in the agreement. The importance and effect of the so-called suspensive – and resolutive conditions contained in agreements are […]

Once an offer to purchase has been signed by the purchaser and the seller of immovable property, an attorney must be appointed to attend to the registration of the property into the purchaser’s name.  Ownership in the property is passed from the seller to the purchaser by registering a deed of transfer at one of […]

Can a seller unilaterally remove any fixture from the property upon moving out? Excitement is running high as you have just signed an offer to purchase on your dream house. Perhaps it was the quirky water feature which caught your eye as you walked through the lush, well-kept garden or maybe the thought of spending […]

The impact of COVID-19 continues to spread across various sectors of our economy. The property sector is no exception. Although COVID-19 has negatively impacted the property sector by causing delays in finalisation of property transactions, the current prime lending (which is at a record low in 50 years) has made buying property seem more attractive. […]

A mortgage bond is registered when an owner of immovable property uses the property as security to raise funds from a bank or other financial institution. This is either done when purchasing a property or when a property already registered in the owner’s name is used to raise funds. The purchaser will apply for a […]

For many South Africans, owning a property has become more than a distant dream. Instead, it is fast becoming a viable option to swap the renting space for owning property. With the current economic pressure, especially during the COVID-19 pandemic, the Reserve Bank has reduced the repo rate by a total of 3% since the […]

Most sale agreements of immovable property contain a clause in terms of which the purchaser thereof agrees to buy the property voetstoots.

When the bonds of marriage are declared irretrievably broken down, there is a myriad of administrative issues that need to be resolved.  One of these issues relate to immovable property that is owned in the joint names of both parties to the dissolved marriage.  And even more so, when there is a mortgage bond registered […]

Most sellers, purchasers, estate agents, banks and attorneys were relieved when it was announced that deeds offices could re-open on 4 May 2020 under the Alert Level 4 of lockdown regulations. This meant that property transactions previously concluded could be finalised, at which stage sellers could receive the proceeds of sale, purchasers who contracted to […]

Whether it is to build your ideal home from scratch or to make improvements to your existing property, chances are that you may need a loan from a bank to cover the costs of the building works.  To avoid delays and unexpected pitfalls, it is important to familiarise yourself with the building process, each party’s […]

On 14 May 2020 the government issued new Directions allowing for the once-off movement of persons and the transportation of goods for purposes of relocation, which Directions are welcomed as they cater for obvious shortcomings of the initial Directions issued a week earlier on 7 May 2020. The new Directions have repealed the earlier Directions. […]

The average person, when purchasing a property, will borrow money from a bank.  When the loan is approved, the bank will instruct its attorney to attend to the registration of a bond over the property.  The bond serves as security for the loan which means that if the borrower defaults on the monthly bond instalments, […]

The property transfer process can be complicated for first-time property buyers. Below is a guideline of the processes to be followed in order to complete a successful transfer of a property. The Property Transfer Process Download Info-graphic As PDF 1. Receive Offer to Purchase This is a document signifying the buyer’s intention to purchase the […]

When buying a business, the purchaser may approach a bank for finance. The purchaser as well as the financial institution that may finance the transaction need to determine whether compliance with Section 34 of the Insolvency Act is required. Section 34 of the Insolvency Act provides that when a trader (as defined in Section 2 […]

There has been a lot of uncertainty and concerns raised by tenants, landlords and parties to property transfer transactions since the promulgation of the Regulations dealing with the implementation of Alert Level 4 of the nationwide lockdown by the government on the 29th of April 2020 which were issued as part of government’s risk adjusted […]

When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower’s immovable property in order to secure the debt. More often than not, the loan facility will require security in addition to the mortgage bond, typically in the form of a guarantee or surety given by […]

Many of us aspire to own our own property. Whether it is to have a place to call home or simply for purposes of starting an investment portfolio. But, raising the funds to buy property, especially for young individuals, can be challenging.

Banks should take cognisance of the effect of Section 88 of the Insolvency Act when advancing funds to clients prior to the lodgement of a mortgage bond in the Deeds Office.

It sometimes happens that a seller in a property transaction enters into a conditional agreement of sale with a purchaser and before the fulfilment of those conditions the seller wishes to accept a more favourable offer to purchase.