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Posts Tagged 'conveyancing attorneys'

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City of Johannesburg to Deduct Outstanding Municipal Debt from Property Sale Proceeds

According to the city, persistent non-payment by property owners has significantly affected its ability to operate efficiently. In response, it has introduced a stricter enforcement mechanism, aimed at recovering debts before a transfer of ownership is finalised.

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Can a Body Corporate Withhold a Levy Clearance Certificate for Rule Violations?

In a landmark judgment handed down by the Gauteng Division of the High Court, the court made it clear that bodies corporate may not withhold a levy clearance certificate as a means of enforcing compliance with scheme rules or municipal laws — where all financial obligations to the body corporate have already been met.

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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. 

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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.

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Rezoning of Property in South Africa - What You Need to Know

When you apply for rezoning, you’re asking the municipality to approve a different use than what’s currently allowed. For example, turning a single residential stand into a multi-unit development site, converting a house into a set of offices, or changing a farm portion into suburban residential land.

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Agricultural Land Rezoning in South Africa – What Makes it so Difficult?

The Department of Agriculture, Land Reform and Rural Development (DALRRD) plays a central role in reviewing and approving any subdivision or conversion of farmland. Their mandate isn’t commercial—it’s agricultural sustainability. This means land that is suitable for farming is automatically viewed as a strategic resource.

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The Cost, Delays, and Risks of Rezoning Property

Rezoning applications can take anywhere from six months to two years—sometimes even longer. While municipalities offer general time estimates, the actual duration depends on a range of unpredictable factors, many of which are outside the applicant’s control.

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The Rezoning Process in South Africa

For developers, investors, and landowners looking to change how a property may legally be used, land rezoning is a process that requires planning, expert input, and a clear understanding of local government systems. A misstep can result in months of delay—or complete rejection.

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Enforcing Property Sale Contracts in South Africa

The moment a seller signs and accepts a written offer, a property sale agreement comes into legal existence. But while the contract is technically valid from that point, it isn’t always immediately enforceable. Most sale agreements include suspensive conditions—clauses that suspend the legal effect of the contract until certain events take place.

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Can a Property Sale Agreement be Cancelled?

It’s not uncommon for buyers or sellers to reconsider the transaction after the agreement is concluded. A seller may no longer wish to sell, or a buyer may begin to doubt whether they want to proceed. While these scenarios are understandable, walking away from a signed contract isn’t always straightforward.

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