Get our latest news updates via email

Cor van Deventer's Articles

Causes of Estate Administration Delays in South Africa

Estate administration can be held up by a wide range of issues — many of which are avoidable with proper foresight. While some delays are due to regulatory backlogs or institutional inefficiencies, many are caused by personal oversights that could have been addressed well in advance. Understanding these obstacles is key to preventing unnecessary hardship for the family members left behind.

How Transfer Duty is Calculated in South Africa

Transfer duty is often confused with transfer fees, but the two are not the same. While transfer duty is a tax paid to the government, transfer fees refer to the professional legal fees paid to a conveyancing attorney for managing the legal transfer of ownership. Both are payable during the transfer process, but they serve very different purposes. 

The Right Trustees Make or Break Your Trust

Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people—or professionals—who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries.

Open for Public Participation – Revised Rules for Gated Suburban Areas

Some stakeholders have argued that, due to the rise in crime in certain neighbourhoods, automated systems enhance security in gated areas. They believe the existing policy does not adequately reflect this benefit. As a result, the proposed amendments now include provisions that would allow the installation of automated security systems, provided certain requirements are fulfilled.

Why You Need a Rates Clearance Certificate for Property Transfer

A Rates Clearance Certificate is an official document issued by the local municipality confirming that all municipal charges linked to a property have been settled. This includes rates, water, electricity, refuse removal, and sewerage services — along with an advance payment covering a few months beyond the application date.

Drafting and Enforcing Contracts in South Africa

A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.

What Happens if You Cancel a Bond Without Notice

In most cases, South African banks require 90 days’ written notice before a bond can be cancelled. If this notice is not given, or if the bond is cancelled before the notice period expires, the bank is entitled to charge early termination fees. These costs are in addition to the standard legal and administrative fees involved in bond cancellation.

What to Expect During a Property Compliance Inspection

A property compliance inspection is a formal assessment carried out by a qualified inspector to determine whether certain features of a home meet South Africa’s safety regulations. These inspections focus on systems that pose a risk if they’re not correctly installed or maintained — such as electrical wiring, gas appliances, water systems, or electric fences.

How Estate Agent Commission is Negotiated and Paid in SA Property Sales

Estate agent commission in South Africa is not fixed by law. It varies widely based on the agent, the mandate agreement, the market conditions, and, crucially, what the seller agrees to upfront. This creates both an opportunity and a risk: sellers can often negotiate better terms, but they can also find themselves locked into unfavourable commission arrangements.

Joburg Deeds Office in Turmoil – How It’s Disrupting South Africa’s Property Market

The building at 101 Rissik Street, which has housed the Johannesburg Deeds Office for years, has been in a state of disrepair for some time. The situation escalated in April 2024 when a sewage leak flooded the basement, prompting widespread outcry and renewed pressure from the legal profession for decisive action.

 

 

Archive