Panhandle Access to Properties – The Mistakes to Avoid
“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very […]
Your House Burns to the Ground: Can You Hold the Seller Liable?
“Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet, no exemption clause will save them. A loud roar, rolling flames, and a dream home turns to ashes A family thought […]
The South African Conveyancing Checklist: For Buyers and Sellers
If you’re buying or selling property for the first time, the transfer process might seem a little overwhelming or confusing. Here is a list of common questions to help you understand the key steps and make the experience a bit less daunting. A. What does a conveyancer actually do? A conveyancer is a specialised attorney […]
Who Appoints the Conveyancer? Your House, Your Choice
“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this: “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the […]
Neighbours behaving badly: Illegal buildings and demolition orders
“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created by their illegal actions” (Extracts from judgment below) What do […]
Owning property jointly – The rewards, the risks, and the remedy
“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a falling-out with your co-owner. Perhaps you come to blows on your […]
Buying property from a company – Should you buy the shares or the house?
“There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company […]
12 Questions to ask before you sign that deed of sale
“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it comes to any form of process with significant legal consequences, […]
Buying and selling property: Who pays what costs?
“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less obvious than others. The checklists below are of […]
Coffee with us – “For whom does the Conveyancer Act?”
From time to time the question: “For whom does the Conveyancer Act?” comes up for discussion. In most of the country (except KZN) it is the prerogative of the Seller to appoint the conveyancer. The conveyancer protects the seller’s right of ownership while securing the purchase price, attends to obtaining all clearances and permissions, providing […]