South Africa: Real Estate

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.

Does A Usufruct Automatically Terminate On Death? Understanding The Legal Process

Usufructs are frequently used in estate planning and property transactions in South Africa, particularly where a property owner wishes to grant a surviving spouse or family member...

South Africa Real Estate

BI

Barnard Inc.

Special Power Of Attorney vs General Power Of Attorney In Property Transfers: What Must Be Lodged In The Deeds Office?

In property transactions, Powers of Attorney are frequently used, particularly where a Seller or Purchaser is abroad, unavailable, or otherwise unable to sign transfer documents personally.

South Africa Real Estate

BI

Barnard Inc.

Can An Executor Run Off With Estate Sale Proceeds?

When a property in a deceased estate is sold and transferred to a third party, the purchase price is typically paid into the late estate bank account.

South Africa Real Estate

BI

Barnard Inc.

When A Cash Purchaser Fails To Perform: What Happens If The Deposit Is Not Paid?

In South African property transactions, an Offer to Purchase ("OTP") is not a mere expression of intent.

South Africa Real Estate

BI

Barnard Inc.

Does A Residential Lease Of A Family Home Fall Within The Ambit Of The Consumer Protection Act?

South Africa Real Estate

E

ENS

SCA Upholds City Of Cape Town's Discretion In Rezoning Dispute

South Africa Real Estate

E

ENS

What Services Do Conveyancers Provide In South Africa?

South Africa Real Estate

BI

Barnard Inc.

Ambiguity In Commercial Lease Agreements: A Risk Too Often Overlooked

South Africa Real Estate

BI

Barnard Inc.

Homeowners' Associations: Selecting The Appropriate Forum To Pursue Dispute Resolution

South Africa Real Estate

E

ENS

When Property Sales Go Wrong: Breach Of Contract And The Cost Of Non-Performance

South Africa Real Estate

BI

Barnard Inc.

Can A Beneficial Owner Sell Immovable Property In South Africa?

South Africa Real Estate

BI

Barnard Inc.

When The Seller Delays: Purchaser's Rights In Respect Of Repairs And Special Conditions?

South Africa Real Estate

BI

Barnard Inc.

Costs Involved In The Conveyancing Process

South Africa Real Estate

FW

Fairbridges

How A Reconsideration Application Gives You A Second Bite At The Cherry

South Africa Real Estate

BI

Barnard Inc.

South African GloBE Minimum Tax Compliance

South Africa Tax

SG

SNG Grant Thornton

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

F

Fasken

Cross-border Control Of South African Banks: Why Deals Succeed, Why They Stall And How To Get Them Over The Line

South Africa Finance

E

ENS

When Reporting Lines Change: Constitutional Court Clarifies The Test For Constructive Dismissal

South Africa Employment

E

ENS

COMESA's Expanded Consumer Protection Mandate Of The CCCC

South Africa Anti-trust

BF

BREMER LF WLL

Who Should Appoint The Conveyancer In A Property Sale?

It's widely accepted in South Africa that the Seller has the right to nominate the Conveyancing Attorney in a property transaction. It's a longstanding norm in the industry...

South Africa Real Estate

BI

Barnard Inc.

Property, Protest, And The Power Of The Law

In the ever-busy world of property transfers, the path from seller to buyer is rarely a straight line.

South Africa Insolvency

E

ENS

Isn't A Longer Notice Period Enough To Avoid Paying Penalties When You End A Lease Early?

When it comes to residential leases, the "right" answer matters less than understanding why the answer is what it is. Below is a concise guide to the legal framework, followed by some practical pointers for both landlords and tenants.

South Africa Real Estate

FW

Fairbridges

What Every Developer Needs To Know About Township Establishment

Establishing a township is one of the most exciting and complex steps in property development. Whether you are unlocking agricultural land for residential or mixed-use development or formalising...

South Africa Real Estate

BI

Barnard Inc.

Escaping The Provisions Of The National Credit Act

South Africa Litigation

E

ENS

Transferring Immovable Property From A Deceased Estate: Understanding The Process

South Africa Real Estate

FW

Fairbridges

Thinking Of Buying Or Selling Immovable Property? Here's A Guide To The Associated Costs

South Africa Real Estate

FW

Fairbridges

The Effect Of Different Matrimonial Regimes And Foreign Marriages On The Conveyancing Process

South Africa Real Estate

FW

Fairbridges

Municipal Mayhem: Why Your Clearance Certificate Might Never Arrive

South Africa Real Estate

FW

Fairbridges

Left In The Dark: Why Landlords Can't Just Cut Your Power

South Africa Real Estate

FW

Fairbridges

Real Estate Contracts: What Is The Subject To Sale Condition?

South Africa Real Estate

FW

Fairbridges

How To Check Your Property Zoning And Apply For Changes In Cape Town

South Africa Real Estate

FW

Fairbridges

What Does "Bond Approval" Mean In A Real Estate Agreement Of Sale?

South Africa Real Estate

FW

Fairbridges

Real Estate Contracts: How Suspensive Conditions And Bond Approval Work

South Africa Real Estate

FW

Fairbridges

Real Estate Contracts: What Is The Subject To Sale Condition?

If you are selling your property and this condition is in the Offer To Purchase (OTP), or you want to (or need to) sell your existing property simultaneously with purchasing a new one, this article is for you.

South Africa Real Estate

FW

Fairbridges

How To Check Your Property Zoning And Apply For Changes In Cape Town

Every property within the boundaries of the City of Cape Town municipality has a specific zoning assigned to it based on the City of Cape Town's Land Use Management System and Development Management Scheme (DMS).

South Africa Real Estate

FW

Fairbridges

What Does "Bond Approval" Mean In A Real Estate Agreement Of Sale?

What is the bond approval process, and why does it matter in real estate transactions? This article provides an overview of the bond approval process...

South Africa Real Estate

FW

Fairbridges

Real Estate Contracts: How Suspensive Conditions And Bond Approval Work

Real estate or property transactions often involves complex legal terms and conditions that can seem overwhelming.

South Africa Real Estate

FW

Fairbridges

Neumann v Edelstein: A Significant Ruling On Broker Commissions

South Africa Real Estate

AA

Adams & Adams

What Is A Right Of Way Servitude?

A servitude of right of way is a legal mechanism that grants a person the right to pass through another person's property.

South Africa Real Estate

BI

Barnard Inc.

SCA Ruling Raises Concerns For Life Rights Buyers In Retirement Housing

In a significant recent judgment, the Supreme Court of Appeal (SCA) has cast doubt on the protections afforded to individuals...

South Africa Real Estate

BI

Barnard Inc.

Understanding "Voetstoots" Beyond The Physical Condition Of The Property

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...

South Africa Real Estate

AA

Adams & Adams

Balancing The Rights Of Lenders And Commercial Property Owners When A Dispute Regarding Payment Of Municipal Charges Arise

A charge imposed by a municipality upon a property enjoys preference over any mortgage bond registered against that property which, if not paid, may potentially jeopardise a lender's security.

South Africa Finance

F

Fasken

Using The Law As A Force For Positive Change

South Africa Litigation

AA

Adams & Adams

Adams & Adams Interview With Asset Magazine

South Africa Real Estate

AA

Adams & Adams

New B-BBEE Requirements For Real Estate Agents

South Africa Real Estate

E

ENS

Handy Guide To Buying And Selling Property 2024

South Africa Real Estate

AA

Adams & Adams

Unjustified Enrichment: No General Enrichment Claim Currently Exists In South African Law

South Africa Litigation

E

ENS

Property Law Series | The Elements Of A Sale Agreement (Video)

South Africa Real Estate

E

ENS

Supreme Court Of Kenya Judgment: Due Diligence Crucial On Potential Property Investments

South Africa Real Estate

E

ENS

Actio Communi Dividundo: The Judicial Partition Of Co-owned Property

South Africa Real Estate

AA

Adams & Adams

Real Estate Regulation Bill, 2023

South Africa Real Estate

E

ENS

More Interest, More Problems: Navigating The Costs Of Buying And Selling Property

South Africa Real Estate

E

ENS

Act Fast: Deadline To Contest Johannesburg Property Valuations Closing Soon

South Africa Tax

E

ENS

PIE Or ESTA | What Is The Difference And Why Does It Matter?

South Africa Real Estate

BI

Barnard Inc.

What To Expect When Purchasing A Property From A Deceased Estate

South Africa Family

BI

Barnard Inc.

What Developers And Body Corporates Need To Know About The Sectional Titles Amendment Act

South Africa Commercial

BI

Barnard Inc.

Transfer Duty Changes

South Africa Real Estate

AA

Adams & Adams

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Abdu-Salaam Abbas & Co.

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Orison Legal

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AXIS Fiduciary Ltd

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Zenas Chambers, ChimwaMurombe Legal Practice

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TripleOKLaw

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