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Cluster Housing

The lock-up and go lifestyle afforded by cluster housing developments, townhouses and apartments has become popular in South Africa. This lifestyle provides a number of advantages including convenience, relatively low maintenance and security.

Sectional Title ownership is one of the […]

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Capital Gains Tax

A reader addressed a letter to the Editor (Weekend Post August 2) regarding an article which appeared in the Property Post, July 26th, regarding Capital Gains Tax (CGT). In the letter the reader enquired whether it was necessary for the […]

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Tax on Property Transaction

Recently, a client of mine, who was interested in purchasing a holiday home which formed part of a shareblock scheme was informed by the Seller’s representative that no transfer duty was payable on the transaction. The asking price of the […]

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The Right to a View Part 2

Last week I discussed legislation and recent court decisions pertaining to a property owners “right to a view“. The legislation in question is the National Building Regulations and Building Standards Act of 1977 (“the Act”).

In terms of […]

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The Right to a View

A decision of the High Court in Natal and the subsequent appeal to the Supreme Court of Appeal relating to a “right to a view” generated a great deal of media attention and concern. The reason for this […]

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Foreign Land Ownership

There has been some talk from Government over the past couple of years about the possibility of clamping down on foreign land ownership. During 2004 Land and Agriculture Minister Thoko Didiza appointed a panel (chaired by legal academic Shadrack Ghutto) […]

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Costs of Transfer

The costs of transferring ownership in immovable property are borne by the purchaser. If the purchaser is obtaining a loan from a bank to purchase the property, then two registrations take place in the Deeds Office, namely the registration of […]

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How long should a Transfer Take

An interesting article appeared in this months De Rebus (the S A Attorneys Journal). The article written by Lizelle Kilbourn, a conveyancer, dealt with the questions of how long a “typical transfer” of property should take and how long these […]

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