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Van Zyl Retief

One Property. Two Owners: Creating Clarity Around Shared Ownership Structures

For many South Africans, property ownership is no longer limited to a traditional arrangement where one person buys a home and holds the title alone. Rising property prices, changing family structures, and new investment approaches have made shared ownership increasingly common. Friends purchase joint investment properties, siblings inherit family homes together, couples contribute towards property […]

It’s Official: Younger Homebuyers Are ‘Going It Alone’

Young South Africans are increasingly choosing to purchase homes on their own, signalling a profound shift in how the country’s newest generation of homeowners approaches both property ownership and adulthood itself. Rather than waiting for marriage, children, or other traditional life milestones before entering the property market, young homebuyers, classified as those under 35, are […]

Key Benefits and Risks of Setting up a Trust

A trust is a legal arrangement where ownership of property is transferred to trustees, who manage it for the general benefit of identified beneficiaries or to fulfil clearly defined objectives set out in the trust deed. Trusts fall into two main categories, depending on when they are created. An inter vivos trust is created during […]

Where to Invest R1 Million in Today’s Property Market

Finding value in South Africa’s property market used to mean stretching beyond major metros or compromising on space. Today, with interest rates easing and demand patterns shifting, R1 million can still unlock meaningful investment opportunities. When investing in this price bracket, you need to know where to look – and how to structure your purchase […]

Should You Step Up? The Reality of Becoming a Trustee

For many property owners in South African sectional title schemes, the Annual General Meeting (AGM) is a routine formality. But when the call for nominations goes out, you might find yourself wondering: Should I become a trustee? It is an act of service that keeps a co-existing community functioning, yet it is far from a […]

Navigating Your Property Rights Under South Africa’s Expropriation Law

If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of “nil compensation”, it is important to look beyond the headlines. When viewed through a […]

The Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market

Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50 of 1999, the tribunal provides a free, fair, and accessible way for landlords and tenants to resolve disputes, without the stress or cost […]

Downsizing for Retirement: Making the Move That Makes Sense

Less space. More freedom. As retirement approaches or the kids move out, many homeowners start to rethink their living space. Downsizing isn’t just about getting a smaller home—it’s about choosing a space that suits your new lifestyle. Whether you’re looking to simplify maintenance, cut costs, or enjoy a slower pace in a more comfortable setting, […]

Possession Is Nine-Tenths of the Law: Understanding Spoliation Law

What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating […]

Can You Back Out of a Property Purchase? Legal Consequences Explained

Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]