Practice Area

Property Law

I assist clients with the full range of property law matters, from residential and commercial transfers and bond registrations to sectional title, property disputes, and evictions. Property transactions represent significant financial commitments and deserve careful legal attention.

Discuss Your Matter

Phone

087 702 2213

legal@attorneyscapetown.co.za

Practice

Transfers & Conveyancing
Bond Registrations
Sectional Title
Evictions

Overview

Sound legal advice
for property matters

Property transactions are among the most significant financial decisions most people and businesses make. Whether you are buying or selling residential property, registering a bond, dealing with a sectional title dispute, or seeking to evict an unlawful occupier, the legal requirements are detailed and the consequences of errors can be costly.

I assist clients on both sides of property transactions, advising purchasers on the terms of sale agreements, representing sellers in the transfer process, and acting for landlords and tenants in property disputes. I work closely with the conveyancing team at Thomson Wilks Inc to ensure that transactions are handled efficiently and with the attention to detail that property law requires.

My approach is practical: I explain the process clearly, identify potential problems early, and ensure that your interests are protected at every stage of the transaction.

15+

Years of property law experience

R&C

Residential and commercial property

Thomson Wilks conveyancing team

National Deeds Office coverage

What I Handle

Property law services

Property Transfers & Conveyancing

Residential and commercial property transfers registered at the Deeds Office. I advise purchasers on sale agreements before signing, ensure all conditions are met, and coordinate with conveyancers to ensure a smooth transfer process from sale to registration.

Bond Registrations

Registration of mortgage bonds over immovable property in favour of banks and other lenders. I handle bond registrations in conjunction with property transfers and advise clients on the terms of their bond agreements and the implications of the security being registered.

Sectional Title

Advice on the rights and obligations of sectional title owners under the Sectional Titles Act and the Sectional Titles Schemes Management Act. This includes disputes with bodies corporate, levy recovery, and the interpretation of conduct rules and management rules.

Evictions

Residential and commercial evictions under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and related legislation. I advise landlords on the correct process, represent clients in eviction applications, and advise occupiers on their rights where eviction is threatened.

Property Disputes

Disputes arising from property transactions, including breach of sale agreements, cancellations, and claims for damages. I advise on the rights of both purchasers and sellers and, where necessary, litigate to enforce those rights or recover losses.

Lease Agreements

Drafting and review of residential and commercial lease agreements. I advise both landlords and tenants on the terms of leases, ensure compliance with the Rental Housing Act and the Consumer Protection Act, and assist with disputes arising from lease agreements.

Common Questions

Property law explained

What is conveyancing in South Africa?

Conveyancing is the legal process of transferring ownership of immovable property from one person to another. It must be carried out by a qualified conveyancer, who prepares and lodges the transfer documents at the Deeds Office. The process typically takes six to eight weeks from date of sale to registration.

What costs are involved in a property transfer?

Property transfer costs typically include transfer duty (a government tax payable by the purchaser on properties above R1,100,000), conveyancing fees, bond registration fees if the purchaser is obtaining a mortgage, and Deeds Office levies. A rates clearance certificate and, where applicable, an electrical compliance certificate are also required.

What is sectional title and how does it differ from full title?

Sectional title refers to ownership of a unit within a larger development, such as a flat or townhouse, together with an undivided share in the common property. Full title (freehold) refers to outright ownership of land and any improvements on it. Sectional title owners are members of a body corporate and subject to its rules and levies.

What is the eviction process in South Africa?

Evictions in South Africa are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). A landowner must apply to court for an eviction order, giving the occupier adequate notice and an opportunity to be heard. The court considers all relevant circumstances, including the availability of alternative accommodation. The process requires careful compliance with procedural requirements.

Do I need an attorney for a property transaction?

Yes. In South Africa, property transfers must be registered at the Deeds Office by a qualified conveyancer. While the conveyancer is typically appointed by the seller, the purchaser may appoint their own attorney to review the sale agreement and advise on their rights and obligations before signing.

Need property law assistance?
Get in touch today.