processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2. Structure of Business ExamsBusiness exams
are often
PROPERTY LAW
MANUAL
© MAY 2016
, CONTENTS
INTRODUCTION
1. Schedule of Contacts 5
2. Schindlers Conveyancing Department – Profile 6
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2. Structure of
Business ExamsBusiness exams are often
GENERAL CONVEYANCING
3. Who are Conveyancers 8
4. Conveyancing Flow Chart 9
5. Deeds Office Procedure 10
6. Financial Intelligence Centre Act No. 38 of 2001 11
7. Offer to Purchase Check List 12
8. Common Pitfalls in Offers to Purchase 14
9. General Conveyancing Concepts 18
10. Mortgage Bond Types and Registration Procedure 21
11. Mortgage Bond Conditions 23
12. Rates Clearance Certificates 24
13. City of Johannesburg 25
14. Ekurhuleni Metropolitan Municipality & ESKOM 27
15. Guarantees 28
16. Rules for 90 Day Notice Period for Bond Cancellations 29
VOETSTOOTS
17. Voetstoots: What all Sellers and Purchasers should know 30
18. Voetstoots and the Consumer Protection Act 31
19. Voetstoots: Statutory Building Plans 32
PREPARING TO SELL OR PURCHASE IMMOVABLE PROPERTY
20. Seller’s Guide to Selling Immovable Property 33
21. Purchaser’s Guide to Purchasing Immovable Property 36
22. The Importance of Deeds Office Searches 39
23. Steps to take prior to marketing Immovable Property 41
24. Costs in respect of the sale of a property for which the Seller is liable 43
25. Powers of Attorney 44
26. Sale of Property Owning Companies / CC’s / Trusts 46
,SECTIONAL TITLE PROPERTY
27. Sectional Title Property 47
28. Section 25 of the Sectional Titles Act – Real Rights of Extension 51
CONTRACTUAL CAPACITY
29. Contractual Capacity of Natural Persons 52
30. Domicile 54
31. Contracting by and with Companies / CC's / Trusts 55
32. Case Note – The Trustees Authority to Act on behalf of a Trust 56
33. What you need to know about Section 112 of the Companies Act. 57
34. Trusts and Immovable Property 58
34. Immovable Property Sales Involving a Deceased Estate 62
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2.
Structure of Business ExamsBusiness exams are often
FOREIGNERS / NON RESIDENTS
35. Foreigners and Immovable Property in South Africa 64
36. Withholding of funds payable to non-resident Sellers – Section 35A of the
Income Tax Act 67
37. Emigration 68
TAX ISSUES
38. Transfer Duty 70
39. VAT 72
40. What you need to know about Capital Gains Tax 74
41. The Effect of the February 2016 Budget Speech on Property 75
42. Notional Input Tax Credit: Fixed Property Acquisitions 77
43. Non-Residency in terms of the Income Tax Act 78
44. Donations Tax and Estate Planning – Immovable Property Sales 80
CERTIFICATES OF COMPLIANCE
45. Electrical Compliance Certificates 82
46. Certificate of Conformity for Gas Appliances 83
47. Electric Fence System Certificates of Compliance 84
48. Disputes regarding Electrical Compliance Certificates 85
, DEVELOPMENTS
49. Developments – Freehold Title 86
50. Developments – Sectional Title 89
51. The Basics of Town Planning 91
52. Engineering Contribution Figures 94
53. When are Engineering Contribution Figures Due and Payable 97
54. Sub-dividing your property – what you need to know 99
55. NHBRC Certificates 100
56. Home Owners Associations 101
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2.
Structure of Business ExamsBusiness exams are often
CASE NOTES
57. Case Note – Suspensive clauses in sale agreements 103
58. Case Note – Bond granted on usual terms and conditions 104
59. Case Note - Validity of oral variations 105
60. Case Note – Validity of deed of sale after offer has lapsed 106
61. Case Note – Effective Cause of a Sale 107
62. Case Note – What Constitutes a Fixture 108
63. Case Note – Drainage of Water 109
64. Case Note – Housing Consumer Protection Measures Act 110
65. Case Note – Municipal Systems Act ~ Rates Clearance Certificates 111
GENERAL ARTICLES
66. How to Deal with Movable Property in Immovable Property Sales 112
67. The Doctrine of Fictional Fulfilment 113
68. Property Investors vs Property Speculators 114
69. Section 34 of the Insolvency Act 115
70. Tripartite Agreements and Nomination Clauses 116
71. Biodiversity: Alien & Invasive Fauna & Flora 117
72. FICA for Estate Agents 118
73. Demystifying the Breach Clause 122
74. Property Rights & Servitudes 125
75. Provincial Heritage Resources Authority Gauteng (PHRA-G) 127
ANNEXURES & ADDENDUMS
76. Pre-Sale Annexures to Agreement of Sale 128
are often
PROPERTY LAW
MANUAL
© MAY 2016
, CONTENTS
INTRODUCTION
1. Schedule of Contacts 5
2. Schindlers Conveyancing Department – Profile 6
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2. Structure of
Business ExamsBusiness exams are often
GENERAL CONVEYANCING
3. Who are Conveyancers 8
4. Conveyancing Flow Chart 9
5. Deeds Office Procedure 10
6. Financial Intelligence Centre Act No. 38 of 2001 11
7. Offer to Purchase Check List 12
8. Common Pitfalls in Offers to Purchase 14
9. General Conveyancing Concepts 18
10. Mortgage Bond Types and Registration Procedure 21
11. Mortgage Bond Conditions 23
12. Rates Clearance Certificates 24
13. City of Johannesburg 25
14. Ekurhuleni Metropolitan Municipality & ESKOM 27
15. Guarantees 28
16. Rules for 90 Day Notice Period for Bond Cancellations 29
VOETSTOOTS
17. Voetstoots: What all Sellers and Purchasers should know 30
18. Voetstoots and the Consumer Protection Act 31
19. Voetstoots: Statutory Building Plans 32
PREPARING TO SELL OR PURCHASE IMMOVABLE PROPERTY
20. Seller’s Guide to Selling Immovable Property 33
21. Purchaser’s Guide to Purchasing Immovable Property 36
22. The Importance of Deeds Office Searches 39
23. Steps to take prior to marketing Immovable Property 41
24. Costs in respect of the sale of a property for which the Seller is liable 43
25. Powers of Attorney 44
26. Sale of Property Owning Companies / CC’s / Trusts 46
,SECTIONAL TITLE PROPERTY
27. Sectional Title Property 47
28. Section 25 of the Sectional Titles Act – Real Rights of Extension 51
CONTRACTUAL CAPACITY
29. Contractual Capacity of Natural Persons 52
30. Domicile 54
31. Contracting by and with Companies / CC's / Trusts 55
32. Case Note – The Trustees Authority to Act on behalf of a Trust 56
33. What you need to know about Section 112 of the Companies Act. 57
34. Trusts and Immovable Property 58
34. Immovable Property Sales Involving a Deceased Estate 62
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2.
Structure of Business ExamsBusiness exams are often
FOREIGNERS / NON RESIDENTS
35. Foreigners and Immovable Property in South Africa 64
36. Withholding of funds payable to non-resident Sellers – Section 35A of the
Income Tax Act 67
37. Emigration 68
TAX ISSUES
38. Transfer Duty 70
39. VAT 72
40. What you need to know about Capital Gains Tax 74
41. The Effect of the February 2016 Budget Speech on Property 75
42. Notional Input Tax Credit: Fixed Property Acquisitions 77
43. Non-Residency in terms of the Income Tax Act 78
44. Donations Tax and Estate Planning – Immovable Property Sales 80
CERTIFICATES OF COMPLIANCE
45. Electrical Compliance Certificates 82
46. Certificate of Conformity for Gas Appliances 83
47. Electric Fence System Certificates of Compliance 84
48. Disputes regarding Electrical Compliance Certificates 85
, DEVELOPMENTS
49. Developments – Freehold Title 86
50. Developments – Sectional Title 89
51. The Basics of Town Planning 91
52. Engineering Contribution Figures 94
53. When are Engineering Contribution Figures Due and Payable 97
54. Sub-dividing your property – what you need to know 99
55. NHBRC Certificates 100
56. Home Owners Associations 101
processes. A typical business program might cover topics like accounting, finance, marketing, management, economics, entrepreneurship, and international business.1.2.
Structure of Business ExamsBusiness exams are often
CASE NOTES
57. Case Note – Suspensive clauses in sale agreements 103
58. Case Note – Bond granted on usual terms and conditions 104
59. Case Note - Validity of oral variations 105
60. Case Note – Validity of deed of sale after offer has lapsed 106
61. Case Note – Effective Cause of a Sale 107
62. Case Note – What Constitutes a Fixture 108
63. Case Note – Drainage of Water 109
64. Case Note – Housing Consumer Protection Measures Act 110
65. Case Note – Municipal Systems Act ~ Rates Clearance Certificates 111
GENERAL ARTICLES
66. How to Deal with Movable Property in Immovable Property Sales 112
67. The Doctrine of Fictional Fulfilment 113
68. Property Investors vs Property Speculators 114
69. Section 34 of the Insolvency Act 115
70. Tripartite Agreements and Nomination Clauses 116
71. Biodiversity: Alien & Invasive Fauna & Flora 117
72. FICA for Estate Agents 118
73. Demystifying the Breach Clause 122
74. Property Rights & Servitudes 125
75. Provincial Heritage Resources Authority Gauteng (PHRA-G) 127
ANNEXURES & ADDENDUMS
76. Pre-Sale Annexures to Agreement of Sale 128
