Property Law (Conveyancing)

Reliable Conveyancing Support

Streamlining Transfers and Deeds Office Processes

Stander Attorneys & Conveyancers provides conveyancing support for other conveyancing firms which includes lodgement and registration of transfers at the Deeds Office and related Deeds Office searches and enquiries. We meet with clients to sign transfer documents in our area. 

Experts inProperty Transfers and Conveyancing Services

Our comprehensive range of services includes Sale Agreement Transfers, Estate Transfers, Sale in Execution Transfers, Sub Divisions, Consolidations in the Deeds Office, Developments, Assistance with Rates Clearance and SPLUMA, and Conveyancer Certificates. We handle every aspect of property transfers and conveyancing with meticulous attention to detail.

Get in touch

Terms & Terminoloy

Transfer Duty

  • A tax levied on the value of any property acquired by any person by way of a transaction or in any other way.
  • It is a tax payable by buyers of all types of properties and is payable to the South African Revenue Service (SARS) and is not included in the selling price. Transferring Attorneys (Conveyancers) normally include this tax in their Pro Forma Accounts, as it has to be paid to SARS before the transaction may be registered in the Deeds Office.
  • Transfer Duty is calculated on the sale price or municipal value or sworn valuation of the property, whichever is the highest. Your purchase price may in certain instances be lower than the market value, but Transfer Duty will still be calculated on the higher market value.
  • There are Transfer duty exemptions applicable in some instances, such as acquiring a property as inheritance, through divorce, inheritance, VAT transactions

Developments, Subdivisions and Consolidations

Consolidation and subdivisions are critical processes in property development, involving the merging of adjoining parcels of land into a single larger plot or the division of a single parcel into multiple lots, respectively. These processes enable developers to optimize land use for projects such as residential complexes, commercial centers, or industrial parks. Navigating the complex legal and regulatory landscape, including zoning compliance, environmental assessments, and planning approvals, requires the expertise of attorneys specializing in property law. They play a crucial role in drafting necessary legal documents, negotiating with local government bodies, and ensuring that developments meet all relevant laws and regulations, thereby facilitating efficient and effective project execution.

Transfer Costs

The professional fees Transferring Attorneys (Conveyancers) are allowed to charge for attending to the transfer of immovable property from one person to another.

Conveyancers Certificates

A conveyancer’s certificate confirms that a licensed conveyancer has conducted legal checks required for a property transfer. Conveyancing involves tasks like property searches and drafting legal documents. The certificate serves as evidence that the conveyancer fulfilled their obligations and assures all parties of the transfer’s validity.

Transfers in terms of Sale Agreements

The legal process of transferring ownership via a written sale agreement from a seller to a purchaser. The purchase price, payment terms, and other requirements are outlined in the agreement. Once all requirements are met, the transfer is lodged and at the relevant Deeds Office, and the buyer takes ownership.

SPLUMA

Spatial Planning and Land Use Management Act (which came into effect in July 2015)

  • SPLUMA enables municipalities to regulate land use within their jurisdiction. It ensures that properties are used in accordance with zoning laws and approved building plans.
  • The SPLUMA Certificate is issued by the local municipality. It certifies that any improvements or additions made to the property have been approved in accordance with local bylaws.
  • The Deeds Registrar of Mpumalanga (at Nelspruit) issued a directive requiring a SPLUMA certificate before any property transfer, in Mpumalanga, can take place, as per the relevant municipality’s SPLUMA by-laws.

Sale in Execution Transfers

Sale in Execution is a legal process where a property is sold to settle a debt. Transfers of property and conveyancing involve transferring ownership of property through legal documents and registration.

Full Title and Sectional Title Transfers

Full Title and Sectional Title are two types of property ownership. Full Title ownership grants full and exclusive ownership of the property and land, while Sectional Title refers to divided units with shared common areas.

Simplify Your Property Matters

Schedule a Consultation with Our Experts
Get in touch