Allen West discusses the implication of title deed conditions in respect of agricultural holdings which contain a provision that the land may not be further subdivided, or any portion thereof sold, leased or disposed of, or transferred to two or more persons, without the consent of the Board.

The Conveyancing Tables of Costs Ready Reckoner has been updated to reflect the changes made to the Conveyancing Fees Guidelines for the transfer of immovable property. They are applicable from 1st May 2021.

The Law Society of South Africa (LSSA) recently published its most recent Conveyancing Fees Guidelines.  These apply to instructions received as from 1 May 2021.

Allen West discusses the Transfer Duty implications of transferring shares in a company or transferring a membership interest resulting in the purchaser getting access to and control of the property.

Allen West discusses the application of the provisions of the Subdivision of Agricultural Land Act and the required documents to be lodged with all deeds when the subdivision of agricultural land is given effect to.

Robert Krautkramer discusses a recent case which is certain to be referred to and relied on (or criticised) in the years that lie ahead, on the vexing topic of what actually constitutes an electronic signature for the alienation of land.

Allen West discusses Deeds Office practice with regards the correct description of companies being wound-up, under judicial management or business rescue, or in liquidation, when deeds are lodged for registration.

Robert Krautkramer and Deon Welz respond to the stir caused by the suggestion that the Asbestos Abatement Regulations will require building owners to remove asbestos from buildings within the next 14 months.

Allen West discusses the necessary procedure to be followed by a Conveyancer / Notary when referring a matter to the Chief Registrar of Deeds for a review.

The Conveyancing Tables have been updated to reflect the recent changes to Deeds Office Fees which came into effect on 01 April 2021.

Deon Welz gives a measured response to the view that the proposed Expropriation Act of 2020 will irrevocably change property rights, our country and our economy. He considers the process; its exceptional application; and the role of courts in upholding the Constitution.

Allen West discusses the deregistration of trusts, which Masters have jurisdiction, the documentation necessary to deregister a trust, and other issues involved in the administrative process in the Masters' office.

Allen West discusses Section 93 of the Deeds Registries Act, 47 of 1937, which provides a mechanism to record the change of name of a person or partnership.

A note and guidelines from Allen West in answering the question as to when a deed or document must be rejected; with a submission that some hard and fast rules should be laid down for the profession and the deeds registries to be on the same page.

Government Gazette No. 44202, Proclamation No. 153, of 1 March 2021 sees a new Schedule of Fees of Office for Deeds Registries coming into effect on the 1st of April 2021.

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.

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. 

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 critical analysis of the Supreme Court of Appeal's decision to classify the obligation to build a residential home within a specified time as a limited real right in light of the complex and contested role the principle of publicity plays in South Africa's law of servitudes.

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.