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A levy clearance certificate is a document issued by the body corporate or homeowners’ association of a sectional title scheme or a gated community, confirming that all levies and related charges on a property within the scheme or community are fully paid up to date. This certificate is necessary for the transfer of property ownership […]

An exclusive use area is defined as “a part or parts of the common property for the exclusive use by the owner or owners of one or more sections” in a sectional title scheme. In essence this means that even though the common property is jointly owned by all owners, a specified owner will have

  QUESTIONS TO ASK   WHY IMPORTANT?   1 What is the unit number and what is the physical address of the property There is often a discrepancy between the unit number and the physical address of the property. It is important that your description is correct in the sale agreement 2 Has the Developer

When is a rates clearance certificate required? A rates clearance certificate is one of the documents required to be lodged in the Deeds Office when there is a transfer of land or change of ownership in respect thereof. The legal framework governing rates clearance certificates is Section 118 (1) of the Local Government: Municipal Systems

There are various forms of property ownership or rights to occupation in South Africa and understanding the different types is crucial when purchasing a property. In this article we aim to provide you with the features as well as information on the financial aspects of each type. FREEHOLD PROPERTIES (which are also known as conventional

Land expropriation in South Africa, particularly without compensation, has been a contentious issue and is rooted in the country’s history of colonialism and apartheid. The policy aims to address historical injustices where the majority black population was dispossessed of land by the minority white settlers. Land dispossession began during the Colonial era and was institutionalized

On 10 June 2024 the Supreme Court of Appeal handed down a judgment in the case of Edward Nathan Sonnenberg Inc v Hawarden [2024] ZASCZ 90 which provides welcome relief for all organisations operating within South Africa who provide bank account details via email. BRIEF FACTS: The Plaintiff, Ms Hawarden, purchased an immovable property and

LEGAL REQUIREMENTS FOR A VALID SALE AGREEMENT IN RESPECT OF IMMOVABLE PROPERTY:   The Alienation of Land Act 68 of 1981 prescribes the legal formalities with which a contract of sale for immovable property must comply. Section 2(1) of the Act provides that such a contract will only be valid if it is: Contained in

In part 1 of this series we defined what servitudes are, and explained the implications which they have for immovable property or the owner thereof. In this article we will distinguish between the two types of real right servitudes, namely personal servitudes and praedial servitudes. PERSONAL SERVITUDES: A personal servitude is a servitude which is