Who Should Use a Property Lawyer?
In 2024, just over 312,000 properties were sold in South Africa. Most of these sales necessitated someone to draw up agreements, facilitate the transfer of ownership, advise on laws, and more. This is part of what a property lawyer does.
Property lawyers help buyers and sellers transfer ownership of properties and assists landlords / property owners resolve disputes involving their properties.
People who need help with…
- Transferring property
- Drafting property agreement, deeds of sale, leases and building agreement
- Foreclosures
- Group housing developments
- Opening sectional title registers
- Developing property
- Registering and cancelling mortgage and notarial bonds
- Registering land consolidations and subdivisions
- Servitudes
- Registering townships
…should use a property lawyer.
Property Transfers and Leases
When you need help changing property ownership from one person to another, you should use a property lawyer. Property lawyers assist with sale agreements, title searches, drawing up conveyance deeds, registering transfers with the government, and more.
Property lawyers can also create lease agreements between landlords and tenants or draft building agreements.
Foreclosures
If someone doesn’t pay their mortgage, lenders can recover the unpaid loan amount by foreclosing (selling) the property. Property lawyers assist and represent lenders and property owners during the foreclosure process.
Group Housing Developments
Housing developers use property lawyers when acquiring land, ensuring compliance, drafting and reviewing agreements, resolving disputes, and forming homeowners’ associations.
Opening Sectional Title Registers
When you develop an apartment block or townhouse complex, it may be necessary to open a sectional title register. A property lawyer can assist with drafting and registering the rules of the complex, open a sectional register and handle conveyancing related to the sectional title.
Property Development
Property lawyers are essential in many stages of property development, whether when acquiring land, obtaining permissions and compliance, preparing agreements and contracts, dispute resolution, or conveyancing.
Registering and Cancelling Mortgage and Notarial Bonds
When you take out finance and opt to use your property as security (called a mortgage bond) or moveable property, such as a car, stock, or equipment (called a notarial bond), you’ll need a property lawyer to help you register and cancel the bonds.
A property lawyer will register the mortgage bond or notarial bond agreement document alongside your title deed, ensuring it complies with legal requirements. Once you’ve paid off the finance, a property lawyer will help you cancel the bond.
Registering Land Consolidations and Subdivisions
Merging and dividing pieces of land requires the help of a property lawyer to ensure compliance with laws, check for encumbrances (such as mortgages or disputes), draft and review documents, secure approvals, resolve disputes, and ensure the new titles are registered with the deeds registry.
Servitudes
Property lawyers can help you defend, challenge, or modify a property’s servitude (a legal right that allows a person or entity to use another person’s land for a specific purpose). They can help you create a written agreement, resolve disputes, and ensure servitudes are properly recorded.
Township Registration
When registering a township, property lawyers can ensure compliance with environmental and zoning laws, verify land ownership and resolve disputes, prepare documents, handle conveyancing, and ensure the relevant parties get valid ownership rights.
Do You Need a Property Lawyer?
RC Smith and Associates is one of Cape Town’s most reliable property law firms. For years, we’ve set the standard for service delivery, helping numerous clients with property developments, transfers, agreements, and more. As a boutique law firm, we have sound knowledge of the ever-changing complexities of the property legal landscape.
If you require assistance with property-related legal matters, contact RC Smith and Associates. We’re glad to be of service.