Property Law

When planning to buy, sell or even lease a property, you should obtain legal assistance to ensure that your interests are protected and that your transaction is efficiently concluded because your property is one of your most significant assets

Property law is an important area of our practice and we are equipped to assist with all your property transactions, including the transfer or the leasing out of that property.

We are committed to ensuring that your interests are protected and that your transaction is efficiently concluded.

Property Law includes:

Representing the interests of landlords and developers in leasing immovable property.

Building plans of property not up to standard- we can assist

Enforcing and dealings relating to lease agreements and eviction applications and rental interdicts.

Advise and consult clients in dealing and resolving issues with their local municipality.

Building plans of property not up to standard- we can assist

We provide fast and efficient processing and expeditious conveyancing services, which include attendance to instructions received from clients locally, nationally and internationally. In addition we offer the full spectrum of services to the property development sector, including :

sale agreements
deceased estate property transactions
divorce transfers and Section 45bis endorsements
deeds registry searches
lease agreements
mortgage bond registrations
notarial bonds, servitudes and usufructs
property transfers

Conveyancing

Evictions

It is important to follow the correct eviction process for an eviction to be lawful.

The Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, 19 of 1998, (the “PIE Act”) regulates the lawful eviction of unlawful occupiers. It is in terms of the PIE Act that a landlord is entitled to evict a tenant and to obtain a judgment to recover losses, damages, and costs by approaching the court for relief.

The duration of the eviction process would depend on the circumstances of each case.

Summary of the Eviction Process:

The tenant materially breaches the terms of the lease agreement.

The landlord issues a written notice to the tenant to remedy the breach. It is advisable to instruct an attorney at this stage to ensure that the notice is properly drafted.

If the tenant fails to remedy the breach timeously, the landlord is entitled to terminate the lease agreement.

If the Tenant fails and/or refuses to vacate the property upon termination of the lease agreement, then the legal eviction process will need to be followed.

The tenant is notified in writing that the landlord intends to institute eviction proceedings.

An application is made to the court for an eviction order against the tenant, which must be served on the tenant and the municipality.

The tenant is entitled to appear in court to prove that he/she has a defense.

If the tenant has a genuine defense, then a trial date will be arranged. Alternatively, if the tenant does not defend the matter or fails to satisfy the court that he/she has a valid defense, a Warrant of Eviction will be issued, which authorizes the Sheriff to eject the tenant and remove his/her possessions from the property.

What is the Cost of an Eviction?

Legal costs are usually calculated on a time basis. Therefore, the shorter the duration of the eviction process, the less costly it will be. Delays caused by incorrect procedures could lead to additional legal costs, loss of rental income, and increased risk of damage to the property. Our fee structure will be discussed at our initial consultation upon taking instructions.