How the New Expropriation Act Shapes Land Acquisition in South Africa
President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair compensation for property owners. While […]
Subdivision and Consolidation of Land
Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have two adjacent properties you’d like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you. Subdivision of your property has many benefits for you as the owner. Subdividing can […]
Sale of immovable property from a deceased estate
When an executor has been appointed by the Master through the issuance of Letters of Executorship, their primary duty is to finalise the administration of the estate as soon as possible. This includes taking control of the deceased estate assets, selling them if necessary to pay all estate liabilities, administration costs and estate duty (if […]
Understanding estate massing in community of property marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
Five residential property trends no one saw coming
Experts have already predicted the top property trends of 2024, ranging from the impact of looming interest rate cuts to co-buying, solar power financing, sectional title demand and the resurgence of first-time homebuyers. However, several emerging (and sometimes overlooked) trends are set to come into play, creating notable shifts in the landscape. The top five […]
Property advice in an election year
Buy now, sell later. This year, almost half of the world’s inhabitants will head to the polls to elect their new governments, including eight of the world’s 10 most populous countries. In South Africa, we can expect our own election to put the property market into a temporary holding pattern, dragging on the subtle buyer’s […]
Reduce the pain of downscaling: Investing in a holiday home as a retiree
The decision to move out of a large residence in favour of a smaller or less expensive property, also known as down-scaling, is often viewed as a last resort in the face of mounting financial pressure. However, for many retirees, the decision to downscale is driven by the prospect of greater freedom. As one gets […]
Dream Holiday or Nightmare! An overview of the Property Time-Sharing Control Act and the Vacational Ownership / Time-Share industry.
Part 1 This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. In part one, the article gives a broad outline of what the Property Time-Sharing Control Act entails and […]
Rate hikes: Are buyers over-reacting?
Historically, interest rate hikes have had a dampening effect on the South African residential property market, with homeowners reassessing their affordability in anticipation of higher monthly loan repayments. The resultant reduction in home loan applications immediately following an interest rate hike is a reaction from buyers who are hesitant to make a long-term commitment until […]
Can trustees sell trust property to their own company?
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. […]