Service offering
Residential transfers
The legal transfer of ownership of immovable property from the seller to the buyer together with all the related aspects. Whilst the process is faced with many hurdles, we are able to guide you through them with ease and care.
Administration of deceased estates & transfers
Once a loved one passes their deceased estate needs to be administered. We often find that the heirs, surviving spouse or family of the deceased seek to transfer the deceased’s property in their name. To achieve this, the deceased’s estate must first be reported to the Master of the High Court.
Once an executor has been appointed, the Letters of Executorship have been issued and the solvency of the estate has been ascertained, we can then begin the process of selling the property to an independent party or transferring the property into the name(s) of the heir(s).
Consolidations
Owners of immovable property will find it necessary to consolidate their property at some point. This means that a planned modification or readjustment of fragmented land and its ownership will take place. It is usually applied to form larger more coherent land holding.
Consolidations are done by way of an application of a certificate of consolidated title in terms of Section 40 of the Deeds Registries Act 47 of 1937.
Half share transfers
This could be summarised as the need to transfer a former share of ownership to the other partner who will then become the full and sole owner of the entire property. Alternatively, both original co-owners may decide to sell and transfer each of their shares in the land to an independent third party.
The Alienation of Land Act as well as SARS require a sale or a disposal agreement in writing, signed by both parties; without which, the disposal of the share in the property will be invalid.
Divorce transfers
Divorce transfers can be complicated as questions often arise as to when a spouse, who is entitled to receive a half share in immovable property, becomes the owner of that half share. Does ownership of the half share vest immediately upon the granting of a divorce order or does the spouse acquire a personal right to claim formal transfer in the Deeds registry by virtue of the divorce order? In addition, the agreement should also establish who will pay for costs related to the transfer of the property including bond cancellation costs, compliance certificates and rates figures.
Subdivisions
Where one property is divided into two or more portions, is often something that owners consider in order to benefit financially from selling off these divided portions, or perhaps building additional houses on each portion and selling these off at a profit.
Regardless of the reason, the appropriate steps need to be followed and relevant legislation complied with in order to effect a property subdivision