Property law regulates the right of use, control, and dispossession which one may lawfully exercise over objects or land. Immovable property includes land and permanent fixtures attached to the land. Personal property includes any movable or intangible items capable of being owned by a person.
Our firm provides comprehensive property management solutions by offering an array of services dedicated to providing our client with a tailored solution for their property matters.
From purchase to sale and everything in between, let us manage the legal processes to make your property transaction as worry-free as possible.
Lease agreementsEvictions / Tenant managementProperty managementProperty TransfersBond Registrations / CancellationsSale agreements
The relationship between the landlord and the tenant can be fraught with many legal complexities, however a well drafted lease agreement can ensure that the rights and obligations of the landlord and those of the tenant are soundly documented.
A lease is entered into when, in exchange for a rental amount, the landlord allows the tenant the use of the property for a period of time. A lease need not be in writing, however in terms of the Rental Housing Act, should a tenant request a written lease agreement, the landlord must provide one; its best practice to have your rental agreement in writing should a dispute arise.
Drafting a proper lease agreement will benefit both the landlord and tenant, and can help avoid unnecessary litigation.
When landlord tenant relations turn sour, for whatever reason, properly adhering to the legal process will ensure expedient resolution of the dispute.
A well drafted, written lease agreement is key to sound landlord tenant relations.
Termination of the lease occurs when a party gives proper notice, or the period of the lease expires.
Breach does not automatically cancel a lease, so where a breach has occurred, proper notice must be provided calling on the defaulting party to rectify the breach, failing which the lease will be terminated and eviction proceedings can begin.
Residential evictions are carried out in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, (“PIE Act”) and applies to buildings everyone living on private, municipal or state-owned property.
Why can’t I turn off the services and lock the unlawful occupier out of my property, problem solved?
Well, this was the reason the PIE Act was enacted. It prevents the landlord from taking the law into their own hands, and where the landlord acts in contravention of the PIE Act, they may face criminal or civil charges. The PIE Act does not take the landlords rights away, it merely delays the exercise thereof pending a decision of the court after considering the relevant circumstances and finding it is just and equitable to evict the unlawful occupier.
How then do I evict the unlawful occupant? By following the PIE procedure as set out in terms of Section 4 to 6 thereof. The landlord has to obtain a court order to evict an unlawful occupier.
General overview of the steps involved:
- Cancel the lease through proper notice
- Draft the eviction papers (Application and/or Summons)
- Issue the Application and/or Summons in terms of court rules
- Serve via Sheriff
- Ex parte application (First court appearance requesting court to authorise issuing of notices)
- Clerk issues section 4 notices
- Service by the Sheriff
- Index and paginate court file in preparation for court
- Attend court on the date of hearing (can be postponed for argument, or finalised)
- Court order granted with date of vacation
- Service of Court Order by Sheriff
- If tenant fails to vacate, a Warrant of Ejectment must be obtained, and indemnity provided to Sheriff.
This process can take around 3 months, court dependant.
Do you have an investment property that you rent out? Is your tenant abusing the interpersonal relationship?
Take the unnecessary stress off your shoulders and sleep easy at night.
Our attorneys can assist in handling the headaches that come with rental management.
We will keep your best interests protected.
A process initiated by a Deed of Sale whereby the seller passes ownership of the property to the purchaser in exchange for remuneration, culminating in the registration of ownership of the property in the purchaser’s name.
While the purchaser is liable for the transfer fees, the seller has the right of election in appointing the transferring attorney. It is advisable that the seller’s transferring attorneys are not the same attorneys as the purchaser’s bond attorneys. This keeps the transaction transparent, and no one party has ultimate influence over the entire transaction.
Our team of attorneys are acutely aware that most clients only purchase a house once or twice in their lives, so who better to entrust a smooth transfer process to than our competent and efficient team of attorneys.
What will transfer/bond cost?
It depends on the value of the property sale.
Pursuant to the Deed of Sale, where the purchaser does not have the cash funds to cover the purchase price, a mortgage bonds is applied for and registered against the property.
Should an existing bond be registered over the property being sold, this must also be settled and cancelled.
Our team of attorneys are acutely aware that most clients only purchase a house once or twice in their lives, so who better to entrust a smooth property transaction to than our competent and efficient team of attorneys.
What will transfer/bond cost?
It depends on the value of the property sale.
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When selling your property privately, it is wise to have your sale agreement properly drafted by an attorney. The bespoke sale agreement will protect the interests of the buyer and the seller, and define the manner in which dispute or breach is handled.
Be it fixed or movable property, a sale agreement encapsulates the essence of the transaction and the intentions of the contracting parties, thus avoiding the untenable situation where a dispute arises and one has to rely on an oral agreement, which by nature is fallible and onerous to prove.
Protect the transaction, and preserve the business relationship through the certainty of a written agreement.
Our professional property service offering encompasses:
– Drafting agreements relating to the sale, lease & management of private, commercial and agricultural property.
– Property transfers, bond registrations and cancellations.
– Deeds office searches.
– Rates clearances.
– Certificates of compliance (beetle, electric, water, etc), lease agreements
Et al.
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Cape Town
