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Real Estate Land and Conveyancing
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The LexisConvey Conveyancing Tables have been updated to reflect the recent changes to Deeds Office Fees and Conveyancing Fees Guidelines which came into effect on 16 May 2022.
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The Law Society of South Africa (LSSA) has published its most recent Conveyancing Fees Guidelines. These apply to instructions received as from 16 May 2022..
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Government Gazette No. 45981, Proclamation No. 1802, of 28 February amended the Schedule of Fees of Office for Deeds Registries with effect from the 1st of April 2022.
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In Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC), defendant refused to pay levies without justification, Body Corporate has locus standi to institute action, in duplum rule permits interest to run anew from the date that the judgment debt is due and payable.
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In Heathrow Property Holdings No 3 CC and Others v Manhattan Place Body Corporate and Others [2021] 3 All SA 527 (WCC), the Community Schemes Ombud Services is the primary forum for adjudicating body corporate disputes, not the High Court which is intended to be a secondary, supervisory forum.
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The Practitioner's Guide to Conveyancing and Notarial Practice by Allen West has just been published in its second edition and is available as an eBook and in an Online format in addition to the print version.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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The Conveyancing Tables have been updated to reflect the recent changes to Deeds Office Fees which came into effect on 01 April 2021.
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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.
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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.
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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.
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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.
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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.