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4
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38
Sep 23, 2026

Occupational Rent – Saving Grace or Penalty Clause?

Sale Agreements are most often prepared and concluded with a target date of registration entered into the contract. This date works like a guiding star for Conveyancers aiming to a...
Aug 10, 2026

Root of the Problem: When Neighbouring Trees Cause Property Damage

There are few things more capable of turning perfectly civilised neighbours into sworn enemies than a tree. One neighbour sees a magnificent, leafy specimen providing shade, privac...
Jun 17, 2026

When does Puffery become a Misrepresentation?

The marketing of property always involves a degree of salesmanship. Property Practitioners routinely describe homes as “stunning”, “immaculate” or “beautiful”, and purchasers gener...
May 4, 2026

Update: proposed new regulations governing short-term letting in South Africa

Recent reporting by The CapeTowner has highlighted proposed new regulations governing short-term letting in South Africa. The draft bylaw aims to strengthen compliance by enabling ...
May 4, 2026

The Devil is in the Detail: Why Your Property Sale Agreement is your frontline Defence

In the high-velocity world of Cape Town’s property industry, the excitement of an accepted offer often masks a crucial reality: the Agreement of Sale is not just a formality; it be...
Apr 1, 2026

Renovating an apartment? What to know from a legal perspective.

You’re an avid property investor and have bought, renovated and sold a few houses before – but this time you’ve found an old apartment with beautiful views and space to build...
Jan 30, 2026

The Cape Town Property Crunch: Why Speed Cannot Replace Scrutiny

Cape Town’s property market is currently operating at a fever pitch. As we move through 2026, the Mother City continues to defy national trends, characterised by a chronic under-su...
Dec 3, 2025

Rouwkoop vs Liquidated Damages: The Break-Up Clauses of an Offer to Purchase

Property deals can feel a bit like dating: everyone’s excited, everyone’s hopeful, and everyone’s pretending they’ve read the fine print. But possibly hidden in your offer to purch...
Oct 30, 2025

South Africa is off the grey list and onto the A list!

For the past 2 years we have been running ourselves ragged with FICA compliance: furnishing Accountable Institutions with ID documents, bank statements, drawing organograms and som...
Sep 24, 2025

Contracting for the future: Options vs Rights of First Refusal

Generally, most property transactions are concluded by way of a sale agreement with immediate obligations to pay and to take transfer of the property. However, occasionally there a...
Aug 8, 2025

SEEKING TO UNDERSTAND THE CITY OF CAPE TOWN’S NEW CLEANING FEE

Another property tax – oh no! I’ve just seen the new City-wide cleaning fee on my municipal account, pushing my monthly payment to the City up, again… and this just a few mon...
Jun 30, 2025

WHY CAN’T I JUST SIGN MY TRANSFER DOCUMENTS ABROAD?

The reality is, a wet ink signature is always required for property transactions in South Africa, and if you sign your transfer documents outside of the country, that signature mus...
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Sep 30, 2023

How do I go about granting my parents the right to live in a portion of my property for the remainder of their lives?

I’ve just bought a property and need to grant my parents the right to occupy the garden cottage for the remainder of their lives – what are the options available to me and the cons...
May 4, 2026

Update: proposed new regulations governing short-term letting in South Africa

Recent reporting by The CapeTowner has highlighted proposed new regulations governing short-term letting in South Africa. The draft bylaw aims to strengthen compliance by enabling ...
Sep 23, 2024

AM I REALLY ALLOWED TO AIRBNB MY INVESTMENT APARTMENT?

You were one of the quick-thinking, fast-acting people who saw the recent upturn in the property market as an opportunity to buy an amazing investment apartment with sea views, clo...
Jan 27, 2023

AIRBNB – WHO IS LIABLE?

Back in 2007, two youngsters were broke and looking to raise money to make their rent in San Francisco. They decided to rent out air mattresses in their apartment to attendees of a...
Feb 25, 2022

AIRBNB AND SHORT-TERM LETTING IN CAPE TOWN – WHAT YOU SHOULD KNOW

Property owners beware: you cannot assume that you automatically have the right to rent your property on a short-term basis on online platforms such as the popular Airbnb. Remember...
Sep 23, 2026

Occupational Rent – Saving Grace or Penalty Clause?

Sale Agreements are most often prepared and concluded with a target date of registration entered into the contract. This date works like a guiding star for Conveyancers aiming to a...
Aug 10, 2026

Root of the Problem: When Neighbouring Trees Cause Property Damage

There are few things more capable of turning perfectly civilised neighbours into sworn enemies than a tree. One neighbour sees a magnificent, leafy specimen providing shade, privac...
Jun 17, 2026

When does Puffery become a Misrepresentation?

The marketing of property always involves a degree of salesmanship. Property Practitioners routinely describe homes as “stunning”, “immaculate” or “beautiful”, and purchasers gener...
May 4, 2026

The Devil is in the Detail: Why Your Property Sale Agreement is your frontline Defence

In the high-velocity world of Cape Town’s property industry, the excitement of an accepted offer often masks a crucial reality: the Agreement of Sale is not just a formality; it be...
Apr 1, 2026

Renovating an apartment? What to know from a legal perspective.

You’re an avid property investor and have bought, renovated and sold a few houses before – but this time you’ve found an old apartment with beautiful views and space to build...
Jan 30, 2026

The Cape Town Property Crunch: Why Speed Cannot Replace Scrutiny

Cape Town’s property market is currently operating at a fever pitch. As we move through 2026, the Mother City continues to defy national trends, characterised by a chronic under-su...
Dec 3, 2025

Rouwkoop vs Liquidated Damages: The Break-Up Clauses of an Offer to Purchase

Property deals can feel a bit like dating: everyone’s excited, everyone’s hopeful, and everyone’s pretending they’ve read the fine print. But possibly hidden in your offer to purch...
Sep 24, 2025

Contracting for the future: Options vs Rights of First Refusal

Generally, most property transactions are concluded by way of a sale agreement with immediate obligations to pay and to take transfer of the property. However, occasionally there a...
Aug 8, 2025

SEEKING TO UNDERSTAND THE CITY OF CAPE TOWN’S NEW CLEANING FEE

Another property tax – oh no! I’ve just seen the new City-wide cleaning fee on my municipal account, pushing my monthly payment to the City up, again… and this just a few mon...
Apr 1, 2025

AGENT’S COMMISSION AND THE EFFECTIVE CAUSE OF THE SALE

Introduction Once you have decided to sell your property, the first step is likely choosing which real estate agent you would like to use and the type of mandate you intend grantin...
Feb 1, 2025

LATE PAYMENT AND THE COMMON LAW RIGHT TO CLAIM INTEREST

My purchaser is delaying my transfer as he hasn’t paid the balance of the purchase price on time – what can I do?  This is a situation that is often encountered in property practic...
Nov 30, 2024

EVICTIONS: PIE OR ESTA?

In South African law different rules apply to evictions depending on the zoning of the particular property and how the tenant obtained the rights to reside on the property. The Pre...
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Feb 1, 2025

LATE PAYMENT AND THE COMMON LAW RIGHT TO CLAIM INTEREST

My purchaser is delaying my transfer as he hasn’t paid the balance of the purchase price on time – what can I do?  This is a situation that is often encountered in property practic...
Aug 31, 2024

ACQUISITION OF IMMOVABLE PROPERTY THROUGH PRESCRIPTION IN SOUTH AFRICAN LAW – A CONCISE OVERVIEW

Acquisitive prescription is a legal concept that plays an important role in property law in South Africa. It is a legal mechanism by which ownership of property can be acquired thr...
Jun 1, 2024

IS AN APPROVED MUNICIPAL BUILDING PLAN A REQUIREMENT FOR THE SALE AND TRANSFER OF MY PROPERTY?

Picture this: you move into your dream property shortly after transfer, only to find that the garage (which houses your road bike, mountain bike and surfboards) was built without a...
Apr 30, 2024

DEMYSTIFYING SUSPENSIVE CONDITIONS

Suspensive conditions are commonplace in sale agreements involving immovable property and we have seen in practice that they can lead to some confusion regarding how they operate a...
Aug 25, 2023

SIGNING A SALE OF PROPERTY AGREEMENT – IS A QUILL AND INK STILL REQUIRED?

If you asked whether you could sign a sale of immovable property agreement electronically, the short answer, up until recently, would have been an emphatic “no”.  This is so, as th...
Nov 30, 2022

WHAT IS A CONVEYANCERS CERTIFICATE, AND WHEN WOULD I NEED ONE?

It has become common practice for municipalities to call for a Conveyancers Certificate upon submission of a Land Use Management (LUM) application. Such an application could be for...
Aug 20, 2021

THE MILLION-DOLLAR QUESTION: HOW LONG WILL MY PROPERTY TRANSFER TAKE…?

Wouldn’t it be amazing if we had a definite answer to this question and all parties involved could have peace of mind and certainty that registration of transfer will take place on...
Dec 3, 2019

WHY IS IT THAT THE SELLER APPOINTS THE CONVEYANCER TO TRANSFER THE PROPERTY, BUT THE BUYER MUST BEAR THE COSTS OF TRANSFER?

“I’m selling my property, and the prospective purchaser has been insistent that his attorney attend to the conveyancing work necessary to pass transfer. He says that as he is payin...
Nov 6, 2019

BUYING OR SELLING PROPERTY – WHAT ARE THE IMPLICATIONS OF THE LAW GOVERNING YOUR MARRIAGE?

I recently had a client ask whether she could register a property in her name only, rather than jointly with her spouse, despite the fact that she was married in community of prope...
Sep 19, 2019

WHAT DO YOU ACTUALLY GET WHEN YOU BUY AN APARTMENT?

PURCHASING A UNIT IN A SECTIONAL TITLE SCHEME While browsing the internet you see a listing for a beautiful modern apartment with sea views, secure garages, underground parking bay...
Jul 26, 2019

HOW INTEREST RATES IMPACT THE PROPERTY MARKET

News of the recent 25 basis points cut in the interest rate by the Monetary Policy Committee (MPC) of the South African Reserve Bank (SARB) was met with relief by consumers, and ha...
Jun 11, 2018

What are the costs of transfer when buying property in South Africa?

Buying your first home is an exciting and wonderful step forward which unfortunately can sometimes be a daunting experience due to all the unknowns. To a first time buyer the costs...
Apr 1, 2025

AGENT’S COMMISSION AND THE EFFECTIVE CAUSE OF THE SALE

Introduction Once you have decided to sell your property, the first step is likely choosing which real estate agent you would like to use and the type of mandate you intend grantin...
Feb 1, 2025

LATE PAYMENT AND THE COMMON LAW RIGHT TO CLAIM INTEREST

My purchaser is delaying my transfer as he hasn’t paid the balance of the purchase price on time – what can I do?  This is a situation that is often encountered in property practic...
Aug 31, 2024

ACQUISITION OF IMMOVABLE PROPERTY THROUGH PRESCRIPTION IN SOUTH AFRICAN LAW – A CONCISE OVERVIEW

Acquisitive prescription is a legal concept that plays an important role in property law in South Africa. It is a legal mechanism by which ownership of property can be acquired thr...
Apr 30, 2024

DEMYSTIFYING SUSPENSIVE CONDITIONS

Suspensive conditions are commonplace in sale agreements involving immovable property and we have seen in practice that they can lead to some confusion regarding how they operate a...
Mar 21, 2024

FIVE THINGS A SELLER SHOULD KNOW AT THE TIME OF SALE

You listed your home in this hot property market, and after only a few weeks your property is SOLD! Once the adrenaline of the negotiations, and the joy of obtaining your ideal sal...
Nov 24, 2023

CAN AN OFFER TO PURCHASE BE REVOKED BEFORE THE EXPIRY DATE?

So, you view a property on a beautiful summers day and fall in love with it. You immediately decide to make an offer without further questions and without checking your finances th...
Aug 25, 2023

SIGNING A SALE OF PROPERTY AGREEMENT – IS A QUILL AND INK STILL REQUIRED?

If you asked whether you could sign a sale of immovable property agreement electronically, the short answer, up until recently, would have been an emphatic “no”.  This is so, as th...
Jul 28, 2023

PROPERTY DEFECTS SIMPLIFIED: AN OVERVIEW FOR BUYERS AND SELLERS

Buying a property is an exciting endeavour, but it is crucial to be aware of potential issues that could turn your dream home into a living nightmare. One such concern is the prese...
Mar 23, 2023

WHY DO I HAVE TO PAY MORE TO “CANCEL” MY BOND WHEN I SELL MY PROPERTY?

So you find yourself in the position where you have paid off your bond after MANY years of hard work, (or, if you were extremely lucky you hit the lottery jackpot!) Either way your...
Nov 30, 2022

WHAT IS A CONVEYANCERS CERTIFICATE, AND WHEN WOULD I NEED ONE?

It has become common practice for municipalities to call for a Conveyancers Certificate upon submission of a Land Use Management (LUM) application. Such an application could be for...
Oct 26, 2022

I HAVE A TENANT IN MY PROPERTY… CAN I SELL?

You have just renewed your lease with your tenant and suddenly you find a beautiful home you love and you need to release some capital to purchase your dream house. Can you put you...
Aug 1, 2022

A NOMINATION CLAUSE – CAN I INSERT ONE IN MY OFFER TO PURCHASE, AND HOW WOULD THIS WORK?

Purchasers often elect to sign an offer to purchase citing their name or nominee. The idea behind this is that the ultimate Purchaser will not be the person who signed the agreemen...
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Mar 23, 2022

RETRENCHMENTS: THE EMPLOYER’S CONTINUING COVID HEADACHE

With the advent of Covid-19 more than two years ago, the financial strain on companies has forced many to restructure their businesses, impacting most significantly on their employ...
May 4, 2026

The Devil is in the Detail: Why Your Property Sale Agreement is your frontline Defence

In the high-velocity world of Cape Town’s property industry, the excitement of an accepted offer often masks a crucial reality: the Agreement of Sale is not just a formality; it be...
Oct 30, 2025

South Africa is off the grey list and onto the A list!

For the past 2 years we have been running ourselves ragged with FICA compliance: furnishing Accountable Institutions with ID documents, bank statements, drawing organograms and som...
Sep 24, 2025

Contracting for the future: Options vs Rights of First Refusal

Generally, most property transactions are concluded by way of a sale agreement with immediate obligations to pay and to take transfer of the property. However, occasionally there a...
Jun 30, 2025

WHY CAN’T I JUST SIGN MY TRANSFER DOCUMENTS ABROAD?

The reality is, a wet ink signature is always required for property transactions in South Africa, and if you sign your transfer documents outside of the country, that signature mus...
May 30, 2025

THINKING OF CHANGING THE LOCKS ON AN UNRULY TENANT?

What is a Mandament van Spolie? Besides sounding like a spell from Harry Potter, the mandament van spolie is your legal superhero cape. It’s a remedy under South African common law...
Feb 28, 2025

TIRED OF FICA DOCUMENTS? HERE’S WHY KEEPING THEM UPDATED IS A GAME CHANGER!

You have just signed the Offer to Purchase on your dream property and received confirmation that the Seller has accepted – YAY! But before you can even celebrate you are asked by t...
Nov 24, 2024

JOIN US ON THE FHA/BRIGHT START JOURNEY

FHA is proud to partner with Bright Start and support Athandile Mbaleki in his schooling, sports, and cultural activities. Follow Athandile on his journey!
Jun 28, 2024

MARITAL STATUS AND THE DEEDS OFFICE… WHY DOES IT MATTER?

So you and your loving partner decide that spending all your savings on a big South African wine farm wedding isn’t for you and that eloping to Greece for a beach ceremony with jus...
Feb 24, 2024

DATE OF DISPOSAL FOR SARS: SALE OR TRANSFER

With the financial year end for many businesses fast approaching, and the tax year concluding on this leap-year 29 February 2024, accountants and tax consultants are spinning! We h...
Jan 26, 2024

An overview on compliance certificates

Once a sale agreement has been concluded, there is an obligation on the seller to provide various compliance certificates to the purchaser which ensures that specific installations...
Nov 24, 2023

CAN AN OFFER TO PURCHASE BE REVOKED BEFORE THE EXPIRY DATE?

So, you view a property on a beautiful summers day and fall in love with it. You immediately decide to make an offer without further questions and without checking your finances th...
Jun 29, 2023

TRANSFER DUTY vs TRANSFER COSTS WHAT IS THE DIFFERENCE?

When you purchase a property, you are advised that the costs of buying the property are for your account. However, at times you have seen property listings boasting that the proper...
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