A reader wants to know if a fixed property can be transferred from a parent to a child without that parent consulting the child's siblings. … [Read more...]
Search Results for: Deeds office
Must fixed property be transferred to wife after death?
As the owner of a fixed property, a reader is making arrangements in respect of his will and wants to know what his options are in terms of the asset. … [Read more...]
When is the best time to transfer inherited property?
Wanting to leave his fixed property to his son, a reader would like to know if it is better to transfer the property while he is alive or upon his death. … [Read more...]
Transfer costs applicable when executor is beneficiary
The beneficiary of a fixed property, who is also the executor of the estate, would like to know what costs are involved in transferring it into his name. … [Read more...]
Clearance certificate essential to property transfer
A reader is trying to obtain a levy clearance certificate for a flat belonging to his late aunt but wants to know who to contact after the body corporate apparently ceased to operate. … [Read more...]
Title deed
A title deed is a legal document that acts as proof of ownership of a property. When a person buys a new house, a conveyancing attorney will transfer the title deed from the previous owner into the new owner’s name. The Registrar of Deeds will sign the transfer and a copy of the title deed will be filed at the nearest Deeds Office. … [Read more...]
Transfer costs
Transfer costs refer to all the legal costs associated with the transfer of a property. The buyer pays transfer fees to the South African Revenue Service before the seller can legally transfer the property to him or her. The transfer fees are calculated on the price of the property. Other transfer costs include the conveyancing attorney’s fees for registration of transfer, attorneys’ fees … [Read more...]
How much transfer duty to pay on inherited property
A beneficiary of a deceased estate has approached the experts with concerns about what seems to be an excessive amount being charged for the transfer of an undivided half-share of a property. … [Read more...]
Brotherly love lost over late payments
This week our Property Poser expert deals with a case of sibling rivalry between two brothers who co-own a property, in which the one lives. The reader, who resides elsewhere, appears to be having communication issues with his brother. He has discovered that his sibling has made arrangements regarding outstanding instalments and payments at the bank and municipality without his … [Read more...]
Dilapidated building causes neighbour concern
The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem … [Read more...]
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Interdict halts property transfer
The Property Poser panel helps a reader this week whose elderly parents have had to sell their house due to financial difficulty but have now been served with an interdict halting the transfer process. The reader explains that when their issues started they fell in arrears with the bond payments. Plans were made to pay a portion of the outstanding repayments and the balance was restructured as … [Read more...]
Joint property ownership problematic
This week, the Property Poser experts bring clarity to the murky issue of joint ownership for a reader who owns an undivided half-share in a property. The reader writes that the building has two separate entrances and that his co-owner rents out "her" side. He would like to know whether he has any claim to the income generated in this manner. There appears to be some animosity between … [Read more...]
Structures in sectional titles
At a time when space comes at a premium, our experts encounter issues relating to sectional title complexes with increasing frequency. One such issue relates to the structural status of wendy houses and lapas erected on exclusive use areas. A reader would like to know how such structures affect participation quotas and whether they need to be registered with the Surveyor-General. "In … [Read more...]
Common property a general problem
This week our panel of experts ventures into the murky waters of common property versus exclusive use areas in a sectional title complex. A reader writes that he previously owned a unit with an open parking area and obtained written consent to enclose the area. He later sold this unit and moved to another one in the same complex. The exclusive use of the parking area was included in the sale … [Read more...]
Seller reneges on sale
This week, our panel of experts deals with a frustrated reader's attempt to purchase a property. The reader says she has signed all the required transfer documents drafted by the conveyancer, but the seller refuses to sign them. When the reader enquired about the delay, she was informed that the seller no longer wishes to sell. Due to a lack of communication from both the agent and seller, … [Read more...]
Buyer bugged by wiring certificates
This week our panel of experts tackles a reader's problems with faulty wiring and borer beetles in his new home. The reader recently purchased a house and received the necessary electrical compliance and borer beetle clearance certificates. However, he has since discovered that there are problems with both. Shortly after moving in, he noticed borer beetle activity and shortcomings in the … [Read more...]
Sister not entitled to deed
A reader sketches a situation whereby her sister applied for a bond 20 years ago in order to assist their parents with renovations to their property. The bank would not consent to such a bond unless the property was registered in the sister's name. When the reader's father passed away recently and the sister moved into the property to live with her mother, the issue arose again. She … [Read more...]
