FAMILY HOUSE MISCONCENPTION

FAMILY HOUSE MISCONCENPTION

Majority of properties in townships registered in the names of deceased people are often referred to as “family homes/houses”. For many occupants of such properties, family homes/houses belong collectively to multigenerational lineages, notwithstanding that the title...
CONVERSION OF LAND TENURE RIGHTS INTO OWNERSHIP RIGHTS

CONVERSION OF LAND TENURE RIGHTS INTO OWNERSHIP RIGHTS

The constitutional court ruled on 30 October 2018 in the case of Rahube v Rahube and Others (CCT319/17) [2018] ZACC 42; 2019 (1) BCLR 125 (CC); 2019 (2) SA 54 (CC) that, section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 (“The Principal Act”) is...
SALE OF DECEASED ESTATE PROPERTY

SALE OF DECEASED ESTATE PROPERTY

Section 42(2) of the Administration of Estates Act 66 of 1965 provides that any executor who desires to effect the transfer of any immoveable property in pursuance of a sale shall lodge with the registration officer, in addition to any other such deed or document, a...
TRANSFER OF DECEASED ESTATE PROPERTY

TRANSFER OF DECEASED ESTATE PROPERTY

Who must pass transfer? Where property that does not form an asset in a joint estate is registered in the name of a deceased person, the executor or representative in the estate of the deceased is the appropriate person to pass transfer of such property. Where the...
LOST OR DESTROYED TITLE DEED –                        TRANSFER OF PROPERTY

LOST OR DESTROYED TITLE DEED – TRANSFER OF PROPERTY

A sale of immovable property or land (“property”) and the transfer process involved can be so stressful and the last thing you want is to realize that you have lost or destroyed your original title deed because not being in possession of your original title deed can...