Services / Property Law
Property Law Includes:
- Registration of mortgage and notarial bonds.
- Cancellation of existing mortgage bonds and notarial bonds.
- Transfer of all immovable property, including conventional property, sectional title property, freehold, and leasehold properties.
- Property development projects include the consolidation and subdivision of immovable property, rezoning of immovable property, township establishments, and Sectional Title Scheme Developments.
- Registration and cancellation of Servitudes.
- Ante-Nuptial Contracts.
Frequently Asked Questions
What is a Title Deed? And was does it mean for me as a Home Owner?
Who appoints the Transferring Attorney (“The Conveyancer”)?
In terms of the South African Common Law, the Seller has the right to choose which conveyancer will carry out the registration process of the transfer. In the agreement of sale (also referred to as the “Offer to Purchase” or “Deed of Sale”), there must be a specific clause specifying the transferring attorney. Make sure you as the Seller complete your chosen attorney’s name and details in the space provided. On some occasions, the purchaser may request to appoint their own attorney to attend to the transfer of the property, arguing that they are paying the transfer costs, therefore the choice should be theirs. But the fact remains, that it is the Seller that carries more risk during the transfer process and therefore the final decision regarding the appointment of the Transferring Attorney still remains that of the Seller. The Purchaser can still employ their own transferring attorney to supervise the registration process if they feel it is necessary. However, this will result in additional charges for the purchaser.
Who is liable to pay for transfer and bond registration fees?
The purchaser is liable to pay for transfer fees to register the property in his/ her name and should he/she be financing the purchase price by means of a bond, the purchaser is also liable to pay for the bond registration fees. Kindly note if the purchase price is more than R 1 000 000 ( One Million Rand) there is an amount due and payable to SARS (The South African Revenue Service) known as Transfer Duty. The amount of Transfer Duty payable is normally included in the Statement of account sent to the purchaser by the Transferring Attorney. Should you require a quotation on either transfer and bond registration fees kindly send an email to either firstname.lastname@example.org or email@example.com and we would gladly assist you.
What is Transfer Duty?
|Value of the Property||Rate|
|R1 – R1 000 000||0%|
|R1 000 001 – R1 375 000||3% of the value above R1 000 000|
|R1 375 001 – R1 924 000||R11 250 + + 6% of the value above R1 375 000|
|R1 925 001 – R2 475 000||R44 250 + 8% of the value above R1 925 000|
|R2 475 001 – R11 000 000||R88 250 + 11% of the value above R2 475 000|
|R11 000 001 and above||R1 026 000 + 13% of the value above R11 000 000|