Property Law

Our firm specialises in a variety of property-related legal services, including commercial, industrial, and residential conveyancing. We have extensive experience in managing sectional title schemes, shareblock schemes, and the conversion of these schemes to sectional title. Additionally, we provide expertise in time share and fractional ownership matters. We also handle the registration of mortgage and notarial bonds, offering comprehensive support to clients throughout every stage of property transactions and developments.

Aspects of Property Transactions:

  • Conventional Transfers
    Conventional transfers involve the legal process of transferring ownership in conventional erven from seller to buyer, ensuring compliance with legal requirements and documentation.
  • Sectional Title transfers
    Sectional title transfers involve the legal process of transferring ownership of units in sectional title schemes from seller to buyer, ensuring compliance with legal requirements and the Sectional Titles Act.
  • Commercial Transfers
    Commercial transfers involve transferring ownership of commercial property, ensuring compliance with regulations, taxes, and legal requirements for business transactions.
  • Deceased Estate Transfers
    Deceased estate transfers involve transferring property ownership from the deceased’s estate to heirs, legatees or third parties, following the correct legal procedures, wills, and probate requirements.
  • Mortgage Bond registrations and cancellations
    Lester Hall Fletcher is a trusted partner on the panels of various South African banks. Once your loan is approved, we may be appointed as your bond attorney. We will guide you through the process of drafting and signing the bond documents, ensuring everything is in order. Additionally, we can assist with the seamless cancellation of your bond once it has been settled in full or upon the sale of your home.
  • Sectional Bond registrations and cancellations
    Sectional Bond registrations involve the registration of sectional bonds over units in a sectional scheme in the Deeds Office and compliance with the relevant regulations. We also assist with the cancellations of Sectional Bonds.
  • Notarial Bond registrations
    Notarial bond registrations secure movable property (e.g., equipment, vehicles) as collateral for a loan. We assist with drafting, registering, and managing notarial bonds, ensuring legal compliance and creditor protection.
  • Notarial Deeds
    We handles various notarial deeds including notarial tie agreements, notarial deeds of cessions and notarial leases among others. We ensure proper drafting, registration, and legal compliance, safeguarding your interests and providing expert assistance in property and commercial matters.

Property Conveyancing Process:

  1. Receive instructions and request FICA documents
  2. Request deposit (if applicable)
  3. Request title deed, mortgage bond & bond cancellations figures, if applicable
  4. (NOTE: - The bond account will be placed on hold once cancellation figures are issued)
  5. Request rate figures 
  6. Request confirmation of bond approval from the purchaser
  7. Once the bond instruction is issued to the Bond Attorneys, and cancellation figures have been received, request payment guarantees 
  8. Draft transfer documents
  9. Contact the Seller and Purchaser to sign documents
  10. Purchaser to pay costs
  11. Seller to furnish an Electrical Compliance and Entomologist Certificate for the property.
  12. Pay the transfer duty to SARS.
  13. Pay the Local Authority for rates clearance figures, which are charged 3 months in advance.e
  14. Once guarantees are received from Bond Attorneys, guarantees are submitted to Bond Cancellation Attorneys to cancel the existing bond, if applicable.
  15. Request levy clearance figures (if applicable).
  16. Lodge the separate transactions (bond cancellation, transfer and bond) simultaneously in the Deeds Office.
  17. Documents examined by the Deeds Office (takes approximately 7 - 10 working days)
  18. Upon registration of the transfer in the Deeds Office, the Purchaser becomes the registered owner.
  19. Bank guarantees are presented for payment at the relevant financial institution. This usually takes place on the first working day after registration, and the proceeds are paid to the Transferring Attorneys’ Trust Account.
  20. Draw final statements of account.t
  21. Proceeds are paid to the Seller (this normally occurs within 2 working days after registration), and the deed will be delivered to the Bond Registration Attorneys for onward transmission to the Bondholder or the new owner.
Transfer & Bond Calculator

FAQs

What is conveyancing?

Conveyancing is the legal process of transferring ownership of immovable property (land or buildings) from one person or entity to another, handled by a qualified conveyancer.

Why do I need a conveyancer?

In South Africa, only an admitted conveyancer (an attorney with specialist qualifications) may legally prepare and register property transfers with the Deeds Office. They ensure all legal, financial, and regulatory steps are correctly followed.

Who chooses the conveyancer – the buyer or seller?

Typically, the seller nominates the conveyancer, unless the sale agreement specifies otherwise. However, the buyer usually pays the transfer costs.

How long does the transfer process take?

A standard transfer usually takes 6 to 10 weeks, depending on how quickly documents, compliance certificates, and clearances are obtained, and how busy the Deeds Office is.

Transfer duty v Transfer fees

Transfer duty is a tax levied by the South African Revenue Service (SARS) on the purchase price of immovable property. The buyer is responsible for paying transfer duty, and it is calculated according to a sliding scale based on the property value.

Transfer fees are the legal fees paid to the conveyancer for handling the transfer process. Transfer fees cover the costs of drafting and registering the transfer documents, obtaining clearance certificates, and other administrative tasks related to the transfer of ownership. Whilst transfer duty is not always payable, transfer fees will always be payable in any property transfer.

What documents are needed from the seller and buyer to transfer property?

The seller and buyer will need to provide:

  • ID documents and proof of residence and other FICA documents.
  • Sale agreement
  • Existing title deed (seller)
  • Bond cancellation or approval documents
  • Compliance certificates (electrical, plumbing, etc.) (seller)
What is a rates clearance certificate?

A municipal rates clearance certificate confirms that all rates, taxes, and utility bills on the property are paid up. It is required before registration can proceed.

What happens at the Deeds Office?

The conveyancer lodges the transfer documents, which are examined and registered by the Deeds Office. Once registered, the buyer becomes the legal owner of the property.

How can Lester Hall Fletcher Attorneys help me?

We guide you through every step of the conveyancing process—drafting contracts, managing timelines, handling all legal paperwork, and ensuring a smooth, compliant transfer. We keep you updated and informed throughout.

Start Your Property Transaction with Confidence