Allen West discusses Johannesburg Registrar's Circular No. 1/1982 to address confusion as to the couching of extending clauses of deeds to be registered in the Johannesburg Deeds Registry.

Finance Minister Tito Mboweni's 2021 Budget sees property transfer duty remaining at the rate set in 2020, the planned finalisation of 1 409 restitution claims, and an allocation of R7 billion to the Land Bank.

This week: Conveyancing taskforce set up to manage digital transition; Western Cape heritage assessments: WCPDF launches inaugural survey; and delays in opening municipal accounts in Cape Town after transfer.

This week on Property24.com: Inner-city revitalisation - 3 trends shaping SA's urban residential property; Online auctions - dos and don’ts for sellers and buyers; and where have all the tenants gone?

This edition includes: Approving additional water heating systems on common property; dipping into the reserve fund; video surveillance; and can a member refuse to use the biometrics access control system?

Allen West discusses the cancellation and removal of a restrictive condition with regard to invoking the provisions of section 68(1) or (2) of the Deeds Registries Act, by approaching the Courts, or whether SPLUMA must be utilized. 

This week: Technology and transparency: The key to conveyancing of the future; Retirement reform changes - what do these mean for the construction industry; and Outsourcing – The underestimated business model in conveyancing.

This week on Property24.com: How long properties are taking to sell; body corporate property maintenance; SONA 2021 - Key factors for SA's real estate sector; and is office property market set to be the weakest in 2021?

Conveyancing Update and New Developments - Allen West will be holding an online webinar via Zoom on the 10th of March, to be followed by a question and answer session, attendees will also receive bound seminar notes.

An enduring myth in our society is that our law recognises the concept of a “common law marriage”, there are some limited statutory protections for life partners, but a cohabitation agreement is necessary, as is a will, to remove any doubt - in death and dispute.

A recent High Court decision has held that under the Water Act, trading in water is not permissible, licenced water use cannot be transferred and/or sold, as it is the Minister’s responsibility to ensure that water is allocated equitably and used beneficially in the public interest.

This week: Cross-industry survey reveals digital and remote working welcomed by property professionals; reducing the risk of property fraud; and using the spoliation remedy to protect against unlawful dispossession.

This week on Property24.com: Section 12J tax-deduction incentive for property investment set to expire; FFC delays - task team appointed as EAAB and REBOSA head to court; and lesser-known property sub-sectors offer hope for battle-scarred investors.

A conveyancing question has been asked about the correct sequencing of a series of transactions involving twins and a Sectional Title scheme, with specific reference to a High Court Order and the executor of an estate not being allowed to be a developer.

A reflection on conflicts of interest and misappropriation of corporate opportunity under modern Company Law in South Africa.

Two cases exhibit the extent of SARS’ powers, albeit from opposing perspectives. The first demonstrates the big role SARS can play in both recovering the proceeds of state capture and in bringing the looters to book, while the second shows how devastating SARS’ powers can be when not exercised within the legislative framework.

As Covid-19 sees organisations adapting and moving towards virtual or remote working, Phetheni Nkuna and Faatimah Essack of Lawtons Africaexplore the ways in which the legal system has embraced this “new normal”.

Buyers must establish the marital status of sellers they are buying property from, especially if it later turns out that not only they are married, but married in community of property, and consent has not been given by their spouse - Jack Crook reports.

Withholding tax: Allen West discusses the so-called physical presence test and an ordinary resident definition and as defined in terms of South African common law for purposes of Section 35A of the Income Tax Act.

This week: Financial Pressure the biggest driver in owner serviced properties; SPLUMA judgment found to be invalid and suspended for six months; and financial implications for selling property – is it classified as capital or revenue?