Property Law & Conveyancing

A conveyancer is a qualified attorney who specializes in property law and is responsible for ensuring the lawful and efficient transfer of ownership of immovable property from one person or entity to another. They handle all legal aspects, including drafting and preparing documents, liaising with the Deeds Office and other parties (like banks and municipalities), and managing all finances related to the transfer.

The conveyancing process in South Africa typically takes between 6 to 8 weeks from the date the conveyancer receives all necessary signed documents and guarantees. However, this timeframe can vary depending on factors such as bond approval, obtaining all required clearance certificates (municipal, levy), and potential backlogs or queries at the Deeds Office.

In South Africa, the buyer is generally responsible for paying the transfer duty (a tax levied by SARS) and the conveyancing fees. The seller is typically responsible for obtaining compliance certificates (electrical, gas, plumbing, beetle), paying the estate agent's commission (if applicable), and any bond cancellation fees for an existing mortgage.

In freehold ownership, you own both the land and the dwelling on it. In sectional title ownership, you own a specific unit (e.g., an apartment or townhouse) within a complex and an undivided share in the common property (like gardens, pools, and external walls). Sectional titles are governed by a Body Corporate, which manages the common areas and enforces rules for the scheme, and levies are payable for common expenses.