Conveyancing and Property Law

At Alim Akburally Attorneys and Conveyancers we specialise in conveyancing and property law. We know that buying and selling immovable property can be a complex process involving different parties, which is why we aim to provide expert legal support to ensure that the entire process is hassle-free as possible for our clients.

Our relationship with banks, estate agents and commercial property brokers allows us to handle the entire process with minimum delays. We are also fully computerised and electronically linked to banks and Deed Registries throughout South Africa.

Our team of qualified attorneys are known for consistently offering our valued corporate and private clients effective and practical legal guidance.

Areas of Expertise

Our expertise includes Sectional Title Registers, subdivisions, partitions and servitudes, as well as notarial dees, estate transfers and complex commercial developments. We will deal with all parties on your behalf and ensure that your interests are protected.

As property law and conveyancing experts in South Africa, the team at Alim Akburally Attorneys and Conveyancers provides legal advise on the following:

Conveyancing and Property Law in South Africa

When it comes to the purchase or sale of immovable property, there are a few legal guidelines that should be followed. A very important as

The law requires that all property transfers and registrations of mortgage bonds be attended to by a conveyancer; conveyancing fees are usually charged according to a recommended tariff as laid down by the Law Society.

A conveyancer refers to an attorney who will register fixed property transfers. This is necessary to ensure the protection of both parties’ interests and to maintain the high standard of land registration in South Africa. Although the seller of the property will usually appoint a conveyancer, this can vary between parties and agreements.

On receipt of the agreement, the conveyancer will review the agreement thoroughly and ensure that the financial details and all other dates are correct. He or she will also conduct a Deeds Office search to confirm any interdicts or mortgage bonds against the property. Documents will be requested, like marriage certificates, utility bills, and tax numbers. He or she can also apply to the municipality for a rates assessment.

The length of time it takes to register these transactions will depend on many different factors, but in general this can be between six and eight weeks.

What is Required in the Sale of Fixed Property?

The first requirement would be a valid agreement of sale. Under South African law, the Alienation of Land Act requires that no transaction relating to a purchase or sale of fixed property will be valid, unless in writting and signed by both parties (the purchaser and seller). You can also sign an "offer to purchase" if you want to buy a property, and if accepted by the seller it also contitutes a valid agreement.

From here, the Deed of Sale will be handed over to the conveyancer, who will then draft all the necessary documents that the seller and purchaser need to sign. Some of these documents can include a Power of Attorney to Pass Transfer, Transfer Duty and VAT Declaration, Declaration of Marital Status, Identity Number and Insolvency.

There are a lot of transactions and paperwork that needs to be done when buying and selling a home, making it essential to work with a team that specialises in property law. You will leave your sale in the hands of experts, while you can focus on your own personal arrangements and look forward to your new home.

Need to sell Privately?

As property law experts, we can assist you in preparing your sale agreement. In order for us to initiate the process, you will need to furnish us with specific information , which includes the names, identity numbers and contact details of the Seller and Purchaser, the property description, selling price and how purchase price is to be paid.

There are different ways in which you can own property and it depends on your needs and of course your budget. You can purchase a home as a joint owner with someone else, where each person owns a share of the property, typically 50 percent each. This is a great option if you worry about the cost of managing a home alone, especially when it comes to maintenance and other costs that are involved.

What are the Costs Involved?

The costs of the transfer of property can fall into various categories, including Transfer fees, Bond Fess, Transfer Duties or VAT Deeds Office Levy, Stamps Duty, as well as Rates and Levies. These costs will vary each property sale or purchase.

Rates and Levies must be paid in full on the date of transfer. This might include a pro-rate payment on the fixed property or the levies payable on the Body Corparate in the case of a sectional title unit

Professional Conveyancing Services

With professional assistance, you can have an attorney take care of all your conveyancing needs, while your interests are always protected. Our team knows that each property sale or purchase is unique, which is why we work with you to ensure that you get the best legal support and guidance throughout this process.

We understand that buying or selling property can be stressful and challenging. Our conveyancing department is committed to ensuring the accurate and speedy processing of your transfer or bond registrations, allowing you to enjoy your new home as quickly as possible. We are committed to promoting long term, mutually beneficial relationships with all our valued clients.

For more information on our superior conveyancing and property law services, please contact us or phone us directly at 031 304 0025.