Free Student Delivery
Trusted Reliable Content
Secure Checkout

Lexis® Practical Guidance: Real Estate, Land and Conveyancing

Why Lexis® Practical Guidance: Real Estate, Land and Conveyancing?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Lexis® Practical Guidance Real Estate, Land and Conveyancing is an online reference guide to all things property related. It covers topics of buying and selling property, the conveyancing involved, bond registration, estate agents, valuers and property rates. It also has a designated lease and eviction section which assists users with related aspects such as drafting lease agreements, while offering practical advice on property issues, including how to evict a residential lessee.

Lexis® Practical Guidance Real Estate, Land and Conveyancing helps users navigate entire processes such as the sale of an immovable property and the drafting a sale agreement, right the way through the conveyancing process. Step-by-step guidance is provided throughout, going so far as to list and provide the required documentation to be signed by the seller and purchaser.

With Lexis® Practical Guidance: Real Estate, Land and Conveyancing you get:


Convenient online access to:
  • 315 Guidance Notes within more than 70 Topic Overviews
  • Over 155 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – practical advice on how to interpret the rules of court
  • Other Useful Resources such as external websites and additional readings

Guidance on each step taken in Real Estate, Land and Conveyancing:
  • Property law in South Africa
  • Body corporates in South Africa
  • The transfer of property
  • Lease agreements
  • Bond registration
  • Acquiring rights in and to immovable property
  • Acquiring property
  • The conveyancing process
  • Conveyancing fees in South Africa
  • The development of land
  • Mortgage bonds and sectional title mortgage bonds

 

  • Servitudes
  • The notary public
  • Sectional Titles Act
  • Transfer of sectional title units
  • Management of a sectional title scheme
  • Converting a share block to sectional title
  • Time-share property
  • Fractional ownership
  • The lease agreement
  • Evictions
  • Estate agent, valuers and property rates

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Finance & Lending.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Essential Terms of a Sale Agreement

Sale contracts are long and complex to draft if you are not a property law attorney/specialist. This guidance note provides:

  • The essential terms of a sale agreement
  • Requirements for an instalment sale agreement
  • Customisable precedents including: Sample Clause – right of revocation and Deed of sale under the Alienation of Land Act

Responsibility of a Conveyancer

There are numerous duties and responsibilities that fall to a conveyancer. This guidance note outlines all the steps needing to be taken by the conveyancer and all the responsibilities that the conveyancer has, and also provides:

  • Access to updated rules and regulations
  • Customisable precedents including preparation clauses.

Registration of a Scheme

The registration of a sectional title scheme can be intimidating and overwhelming. This guidance note provides:

  • An outlines the steps users must take to register a scheme
  • Updated rules and regulations
  • Customisable forms that include:
    - Application for the opening of a sectional title register (Form B)
    - Example of a certificate of establishment of the body corporate (Form W)

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Sample clauses to a sale agreement
    - Include illustrations of clauses to be inserted into the sale agreement
    - Provide the user with the wording to be used in a sale agreement
    - Customisable – which allows users to edit and amend the wording to fit their specific needs.
  • Collateral mortgage bond (Form KK)
    - A customisable precedent is provided – which allows users to edit and amend the wording to fit their specific needs
    - A bond that is registered over another property owned by the same mortgagor
    - The purpose is to afford the mortgagee additional security for the same debt in respect of which the principal bond was registered
    - It is vital that the collateral bond is passed:
     by the same mortgagor as the principal bond
     in favour of the same mortgagee as the principal bond
     for the same debt which was secured by the principal bond
     over another property registered in the name of the mortgagee
     as additional security to the security provided by the principal bond.
  • Checklist for a lease agreement
    - important as it highlights the necessary clauses that needs to appear on a lease agreement.
  • Application for the opening of a sectional title register
  • Power of attorney for seller to represent buyer at body corporate meetings
  • Template of consent to cancellation of mortgage bond
  • Example of a resolution passed by the directors of a company in terms of s 74 of the Companies Act
  • Example of a resolution of the members of a close corporation
  • Sectional title sale agreement
  • Example of minutes of a company board meeting
  • Template of letter to a company regarding FICA compliance
  • Home owner's association consent
  • Deed of transfer
    - An important document that will become the title deed of the property
    - The deed of transfer for a freehold property is executed by a conveyancer before the Registrar of Deeds
    - The deed of transfer for a sectional title property is executed before a conveyancer and is lodged in the deeds office for registration.

Authors




Carol McDonald

LLB summa cum laude (University of KwaZulu-Natal), BCL (University of Oxford)

Carol McDonald was admitted as a Notary Public and Conveyancer and practiced as a general litigation attorney before returning to her studies. She read for the BCL degree at the University of Oxford, which she was awarded in 2008. She specialises in Property Law and Business Law. Carol is currently a partner at Cox Yeats.

Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform .

It saves you time and energy so you can focus on the expertise that only you have.


Request a free trial

Contact us


Call us: +27312683007

Email: customercare@lexisnexis.co.za