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Property Law

Hammond Pole Attorneys > Property Law (Page 2)
15 February
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Fraud in the property market – Everything you should know

Posted by Hammond Pole
in Property Law

The property market remains an attractive investment option for many, and while interest rates remain relatively low, more first-time buyers are finally stepping onto the property ladder. With substantial sums of money on the line, the property market is both an attractive investment option and a target for fraudsters and scam artists. Knowing how criminals operate and the anatomy of common scams is the first line of defense in not falling prey to a con. CYBER FRAUD IN THE PROPERTY MARKET THE SCAM: The most common type of criminal activity in the property sector occurs by way of electronic email interception or cyber fraud...

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31 January
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Donating Property – Know The Law

Posted by Hammond Pole
in Property Law
donating property blog

When deciding about donating property to a family member, it is important to take into account the financial implications as well as understanding the transaction at hand. What classifies as a property donation? Let’s first understand the definition of a donation. This is any gratuitous disposal of property including any gratuitous waiver or renunciation of a right. There needs to be an offer to donate, by the person giving the donation (the donor). The offer will then need to be accepted by the person receiving the donation (the donee). The agreement for a donation must be in writing (when it relates to...

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07 January
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How SPLUMA affects Property Sellers

Posted by Hammond Pole
in Property Law
SPLUMA

What is SPLUMA? The Spatial Planning and Land Use Management Act (16 of 2013) (SPLUMA) is set to aid effective and efficient planning and land use management. It is a national law which was passed by Parliament in 2013. The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of SPLUMA to provide additional detail on how the law should be implemented. What is a SPLUMA Certificate? The Deeds office requires a SPLUMA Certificate from the local authority before property registrations can proceed. All municipalities must establish a SPLUMA compliant land use scheme plan. The Act requires...

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18 October
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Voetstoots Clause – What you need to know

Posted by Hammond Pole
in Conveyancing, Property Law
voetstoots blog header

The seller has a duty to disclose, and the purchaser has a duty to inspect. When selling or purchasing a property, clients are presented with the Voetstoots clause in every sale agreement. The clause essentially encompasses that the seller will not be held liable for any latent or patent defects at the property and that the purchaser is purchasing “As is, or as it stands.”  It is very important to know how to handle the topic of defects. Let’s start by differentiating between the two: Latent Defects are faults that are not immediately detected through reasonable inspection and include: a leaking pool,...

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20 July
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Subject to or Suspensive Conditions: Everything you need to know about the clause

Posted by Hammond Pole
in Conveyancing, Property Law
Subject To Clauses Blog Post

Usually when a so-called “subject to” clause is inserted into an Offer to Purchase, for the purchase of immovable property, it means that there is a condition that must be first fulfilled before the agreement is deemed to have been concluded and the property can be registered in the purchaser’s name.  These clauses are also known as “suspensive conditions” as they suspend the operation of the agreement until such conditions are met.   Ardene Nel, Attorney and Conveyancer at Hammond Pole highlights the most common examples of “subject to” conditions in real estate:   1. The offer is Subject to Mortgage/Bond finance   When a buyer...

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15 August
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Foreign & Customary Marriages and the implication on the South African Property Law

Posted by Hammond Pole
in Family Law, Property Law
Marriages

Hammond Pole Attorney, Neill Mc Kinon tells us more about Foreign & Customary Marriages, and the implications thereof when it comes to conveyancing. Marriage in South Africa whether religious or by way of civil union comes with a set of consequences applicable to the transfer of immovable property. The same can be said about foreign and customary marriages. Firstly, whilst foreigners living in South Africa are entitled to own property, the consequences of a foreign marriage must always be taken into account when acquiring and disposing of immovable property. When it comes to dealing with married persons in South Africa, the Marriage Act...

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30 January
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How does your marriage status affect you when buying property in South Africa?

Posted by HP Admin
in Family Law, Property Law
Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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