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Conveyancing & Property Law

Conveyancing & Property Law Articles | VDM Attorneys

Stay informed on every aspect of property law, from transfers and bond registrations to deeds office procedures, servitudes, property ownership, and conveyancing in South Africa.

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Latent and Patent Defects According to South African Property Law

In property sales, the most contentious issues rarely surface during negotiations — they emerge after transfer, when defects are discovered and expectations collide with reality. South African law draws a clear legal distinction between latent and patent defects, and that distinction often determines who carries the co

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What the Mandatory Property Disclosure Form Must Include

Before a single signature is put to paper, the seller of a residential property in South Africa is legally required to answer a critical question: What do you know about the condition of the home you're selling? The answer comes in the form of a mandatory property disclosure form, and it carries legal consequences.

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Suspensive Conditions in a Property Sale

Signing an offer to purchase can feel like the finish line — but in legal terms, it's often just the start of a conditional waiting game. In South African property transactions, the sale agreement may include one or more suspensive conditions that must be fulfilled before the contract becomes enforceable. Until that ha

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Is a 99-Year Lease Ownership? Waterfall Estate’s Leasehold Model

When buying into an exclusive development like Waterfall Estate, one question comes up time and time again: "Do I actually own the land I'm living on?" It's a fair concern — especially given that the estate operates under a 99-year leasehold model, rather than freehold title. To the unfamiliar ear, the phrase 99-year l

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Vat or Transfer Duty? Which Do You Pay When Buying from a Developer?

The question of whether VAT or transfer duty applies when buying property from a developer continues to cause uncertainty among South African buyers. While transfer duty is a well-known tax in resale transactions, residential properties sold by VAT-registered developers are generally exempt from it — and subject instea

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Suspensive Conditions in Property Sales – What are They & Why do They Matter?

In property transactions, few clauses carry as much legal weight — or as much potential for dispute — as suspensive conditions. These are not mere formalities. They determine whether a sale agreement becomes binding at all, and yet they are often poorly understood or loosely drafted.

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The Difference Between Bond Attorneys and Transfer Attorneys

When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, the

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Documents for Sectional Title Development in South Africa

When a new sectional title scheme is launched, the developer's involvement doesn't end with the construction and sale of units. One of the most important but often overlooked aspects of scheme establishment is the legal handover to the body corporate. This is not merely a ceremonial step — it is a statutory requirement

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Joburg Deeds Office in Turmoil – How It’s Disrupting South Africa’s Property Market

A burst sewage pipe may have been the final trigger - but the decision to relocate the Johannesburg Deeds Office has been a long time coming. After years of complaints, structural issues, and service delays, the Department of Agriculture, Land Reform and Rural Development (DALRRD) has confirmed that the deeds registry wi

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Rezoning of Property in South Africa - What You Need to Know

Rezoning is the legal process of changing the permitted use of a piece of land. Every property in South Africa is classified according to a zoning scheme controlled by the local municipality. These zones determine what the land may legally be used for—whether it's for residential housing, commercial buildings, industri

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Agricultural Land Rezoning in South Africa – What Makes it so Difficult?

South Africa's agricultural land is tightly protected - not just by zoning schemes, but by national laws that treat farmland as a critical public resource. If you're hoping to convert agricultural property into residential plots, eco-estates, or smallholdings, you'll quickly discover that rezoning agricultural land is a

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The Cost, Delays, and Risks of Rezoning Property

Many property owners approach rezoning with the misconception that it's an administrative expense—a single fee paid to the municipality. In reality, the cost of rezoning in South Africa extends well beyond the application itself. For developers, the true cost is often layered, ongoing, and tied to both professional ser

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