Property law

Property law

Practice Areas

Property Law

Our Property Law division provides numerous services to an established, ever-growing client base, including property agencies, both national and international property developers, rental agencies and residential/commercial property buyers and sellers.

Our services include lease agreements and disputes, rentals, building contracts and disputes, rezoning and sectional title deeds. Below is a list of other applications in the Deeds Office in which we provide sound legal advice regarding Property Law:

Section 45 Endorsement

  • Transfer to the survivor of two spouses who were married in community of property to each other;

  • No transfer duty is payable, but a Rates Clearance Certificate must be obtained;

  • We will need the title deed, a copy of the Will; or if no Will, an affidavit to that effect.

Section 45 (bis) Application

  • Endorsement of title deed on divorce or change of matrimonial system where spouses were married in community of property;

  • No transfer duty is payable but a Rates Clearance Certificate must be obtained;

  • We will need a copy of the divorce order with settlement agreement, proof of marriage in community of property and a marriage affidavit;

  • If the spouses were married out of community of property, a normal transfer must be done for the transfer of the half share if owned by both of them.

Regulation 68(1) Application

  • Affidavit to obtain a Deeds Office copy of a title deed, where the original title deed has been lost or misplaced.

Estate Transfers

  • Transfer of property in terms of a will or the law of intestate succession.

  • No transfer duty is payable but a Rates Clearance Certificate must be obtained.

  • We will need the Letters of Executorship, a copy of the Will, proof of heirs and a copy of the Liquidation and Distribution account.