| Fox and Barratt Attorneys

Lost your original title deed? What do you do?

Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of  Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]

Usufruct and Bare Dominium

Let’s start with the words themselves, and see what they mean. Usufruct is the right to make full use of an asset without ownership. So, if you have the usufruct over a property, you can live in it, rent it out, holiday in it, and so forth; but because you don’t own it, you can’t […]

How landlords prepare for the worst

Rental relationships can put individuals in precarious situations, something that has become all too clear amid the effects of the COVID-19 pandemic. Landlords are, however, aware of the possibility of unforeseen events turning a mutually beneficial arrangement on its head and thus prepare accordingly for these eventualities. This is why rental deposits are a staple of every rental agreement. One of the primary uses of rental deposits […]

Buying and selling: Avoid the potential nightmare

Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition of homeownership comes with an array of concerns that are unavoidable when the purchase of a new home and the sale of an old one occur simultaneously. The two primary concerns for buyers who are sellers at the same time are finances and logistics. If the transition is to be facilitated successfully, […]

The current state of the rental market

While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real estate rental market has not recovered quite as well as the consumer market. Studies conducted by the TPN Credit Bureau have indicated that, at the start of the hard […]

Find your new home sooner with transparency

Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength of this relationship, however, is built on a foundation of open communication and transparency. When your estate agent is working off of lacklustre information, half-truths and muddled facts, the results […]

What tenants need to know to protect their rights

Must my residential lease agreement be in writing?  It is currently not a requirement for a residential lease agreement to be in writing – a verbal agreement where the rent and rented property is identified is recognized by South African common law and is just as valid as a written agreement. This may, however, not […]

The impact of the pandemic on the rental market

As the property market continues to piece itself back together amid the ongoing pandemic, the rental market continues to feel the impact of the times more than any other sector in the real estate industry. While property sales have slowly picked up, and first-time homeowners are enjoying the advantages of a buyer’s market, empty rental properties continue to fill the market. With one […]

Buying property 101: How to improve your credit score

Buying a home is a significant aspect of building one’s personal wealth. If you need financing from a bank or any lending institution, you need to have a good credit score to be eligible. A good credit score will open the door to better interest rates, ensuring the best deal possible when purchasing a property. […]

Part 2: Consequences of being married out of community of property excluding accrual

This matrimonial property regime also involves an antenuptial contract (ANC) where community of property and profit and loss are excluded. There is no joining of the spouses’ estates into one joint estate. Each spouse has his/her own separate estate, consisting of his/her premarital assets and debts, and all the assets and debts he/she acquires during […]

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