Our knowledge, your power

GO
GO
Filter: Property
Sale of Immovable Property from a Deceased Estate

07 February 2025

When an executor has been appointed by the Master through the issuance of Letters of Executorship, their primary duty is... to finalise the administration of the estate as soon as possible. This includes taking control of the deceased estate assets, selling them if necessary to pay all estate liabilities, administration costs and estate duty (if any) and distributing the residue amongst heirs and legatees in terms of the provisions of the will or Intestate Succession Act. This article outlines the legal process involved in selling an immovable property from the deceased estate.

READ MORE
344
Article
Property Ownership Transfer and the Abstract Theory

07 February 2025

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by... whether the original transaction is valid.

READ MORE
246
Article
Claiming Ownership Through Acquisitive Prescription

08 November 2024

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer... of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through acquisitive prescription, with a focus on the Prescription Act 18 of 1943 and the Prescription Act 68 of 1969.

READ MORE
2069
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 2

03 September 2024

Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The issue in the appeal is firstly, the statuses of the parties, consequently, whether the body corporate's reliance on the statutory embargo is susceptible to challenge and secondly, the High Court’s order, which irrespective of the interpretation given to the embargo provision, cannot stand.

READ MORE
781
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

05 July 2024

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. 

READ MORE
1415
Article
Is There a Need for Sectional Ownership?

03 June 2024,  Grant Hill

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional... ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society.

READ MORE
1209
Article

How can we help you?

Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, ma...

Show more

Appeal

Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation and records, case management, legal representat...

Show more

Banking and Finance

Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and negotiable instruments, shares an...

Show more

Bond Registration and Cancellation

Advice and support regarding the registration and cancellation of mortgage bonds, drafting and preparation of securities, engaging with financiers, preparation and lodging of documentation w...

Show more

Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations, draft...

Show more

Commercial Contracting

Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and audits, risk assessments, negotiation, med...

Show more

Consolidation and Subdivision

Advice and support regarding the consolidation or subdivision of immovable property, including the preparation and lodging of documentation with the Deeds Office, obtaining all necessary aut...

Show more

Consumer Law

Advice and support in respect of all aspects of legal and regulatory aspects relating to the consumer including business audits, risk assessments, drafting of policies and procedures, consum...

Show more

Contract Management

Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract management policies and procedures,...

Show more

Corporate

Advice and support in respect of entity formation, preparation of founding documentation, registrations, maintenance, amendments, drafting of agreements and resolutions, and company secretar...

Show more

Corporate Governance

Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the drafting...

Show more

Cost Consultancy

Cost consultancy advice and support to law firms and clients in respect of litigious and non-litigious costs, drawing and taxation of bills of account in all South African Courts, drawing an...

Show more

Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

Appeal

Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation... and records, case management, legal representation, briefing of counsel and all related support services.

Banking and Finance

Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and... negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

Insolvency and Business Rescue

Advice and support to businesses in distress, business rescue planning, insolvency and related services, liquidations and sequestrations, debt recoveries, dispute... resolution, debt restructuring, recovery of assets, creditor engagement and all related advice and support.

Stay up to date with developments