FREQUENTLY ASKED QUESTIONS
PROPERTY LAW ATTORNEYS JOHANNESBURG
Here are some commquestions that you may have about the law and legal services. If you need more information then please contact us..
Property Transfers
Notarial Practice
Litigation
Divorces
Property Transfers
What is the difference between a transfer and a bond?
When we speak of transfer, we are talking about the formal act of registering the transfer of ownership from the seller to the buyer. A bond is a form of security that gets endorsed against the title of the property in question to ensure that the financial institution that is providing the finance to the purchaser, has a secured right over the property if for any reason the purchaser defaults on repayments. Registration takes place in the Deeds Registry.
How long will registration of my transfer take?
Each matter is dealt with on a case-by-case basis. A transfer could take between 6 to 12 weeks from the date of receipt of the instruction to pass transfer as clearances are required from the City Council. Depending on whether we are dealing with sectional title scheme and/or or homeowners associations, clearances will also be required from the managing agents of such schemes. Given that most purchasers obtain mortgage finance to fund their purchase and that the bond process also takes time, this could cause a delay in transfer as most financial institutions will not allow lodgement of bond documents to take place unless the documents have been checked by their staff internally.
How are conveyancing fees calculated?
There is no firm rule that dictates the fees that conveyancers are obliged to charge. However, the Law Society has set down a guideline of fees which is based on property/bond values. The higher the property/bond value, the higher the fee, Most conveyancers have subscribed to this guideline.
What is a Transfer Duty?
Either transfer duty or VAT is payable to the Receiver of Revenue on all acquisitions of immovable property. If the Seller is a VAT vendor, VAT is payable, however, if the Seller is not a VAT vendor, Transfer Duty will be payable. For properties acquired after 1 April 2025, the following Transfer Duty rates apply:
Transfer Duty
Notarial Practice
What is the difference between an antenuptial contract and a post nuptial contract?
What does Matrimonial Regime mean?
Matrimonial Regime refers to the proprietary rights applicable to marriages concluded in South Africa. Matrimonial regimes in South Africa are In Community of Property or marriages Out of Community of Property, with marriages Out of Community of Property being split into two categories. The Matrimonial Property Regime Act, 84 of 1988 governs these regimes. It is important for prospective spouses to be made aware of the matrimonial regime and consequences that will apply to their marriage before entering into a marriage.
Why would you need an Antenuptial Contract?
Under South African Law, the automatic marital regime that applies to any civil marriage concluded between spouses is that of a marriage In Community of Property. In order to contract out of this regime, an antenuptial contract (‘’ANC’’) is required, which the intended spouses sign before (i) they marry and (ii) in front of a notary public who will then register the ANC for the parties at the relevant Deeds Registry.
What is a Notary Public?
A Notary Public is an admitted Attorney of the High Court, duly sworn and admitted in terms of the Legal Practice Act and who has passed the competency examination for Notarial Practice and has been admitted into practise as such. The Notary Public holds a respected office which is internationally recognised and attends to amongst other things, the authentication of documents. While also an attorney, a Notary Public is held to a higher standard of care.
What is the difference between an antenuptial contract and a post nuptial contract?
What is the difference between an antenuptial contract and a post nuptial contract?
An antenuptial contract is a contract entered into prior to the marriage being solemnized. A post nuptial contract is entered into pursuant to an application to Court requesting the leave of the Court to amend the existing matrimonial regime i.e. can only be entered into if a Court has Ordered the change in the matrimonial regime. Both contracts are however entered into before a Notary Public. Cognisance must be taken of Customary Marriages which are regulated by the Recognition of Customary Marriages Act, 120 of 1988, which stipulates in Section 7(2) that any customary marriage concluded between one man and one woman, after this Act came into effect, shall be a marriage in community of profit and loss, unless the parties specifically contract out of this regime by means of a registered Antenuptial Contract.
What does Matrimonial Regime mean?
Matrimonial Regime refers to the proprietary rights applicable to marriages concluded in South Africa. Matrimonial regimes in South Africa are In Community of Property or marriages Out of Community of Property, with marriages Out of Community of Property being split into two categories. The Matrimonial Property Regime Act, 84 of 1988 governs these regimes. It is important for prospective spouses to be made aware of the matrimonial regime and consequences that will apply to their marriage before entering into a marriage.
Why would you need an Antenuptial Contract?
Under South African Law, the automatic marital regime that applies to any civil marriage concluded between spouses is that of a marriage In Community of Property. In order to contract out of this regime, an antenuptial contract (‘’ANC’’) is required, which the intended spouses sign before (i) they marry and (ii) in front of a notary public who will then register the ANC for the parties at the relevant Deeds Registry.
What is a Notary Public?
A Notary Public is an admitted Attorney of the High Court, duly sworn and admitted in terms of the Legal Practice Act and who has passed the competency examination for Notarial Practice and has been admitted into practise as such. The Notary Public holds a respected office which is internationally recognised and attends to amongst other things, the authentication of documents. While also an attorney, a Notary Public is held to a higher standard of care.
Divorces
How long does it take to get divorced?
This is dependent on whether the parties are in agreement on some of the following issues:
– Whether the marriage has broken down irretrievably;
– The matrimonial regime applicable;
– What will happen to the assets and liabilities either held jointly or in their respective names;
– What will happen to the children they may have together including primary residence, contact and maintenance;
– Whether any spousal maintenance should be paid.
In the event that the parties have discussed and come to an agreement on these and any other issues that may be of relevance, the divorce process need not be unnecessarily lengthy or complicated. These divorces are referred to as unopposed. An agreement confirming the terms the parties have agreed upon, should be drawn up for their signature. If the agreement does not contain any contentious issues then the signed agreement is typically made an order of court. It is important to note that, any agreement which involves minor children, must be submitted to the Office of the Family Advocate who will review the agreement and either endorse same or query any term in the agreement that may not be in a minor child’s best interest. In the event that parties are unable to come to an agreement on any issues, the divorce is opposed and can in some instances be not only a lengthy but also a costly process.
What happens if the sheriff is unable to serve the summons on a defendant spouse?
A divorce summons is served by way of Sheriff who attends at either the spouse’s residence or place of employment. Often a defendant spouse will arrange to meet the Sheriff at the Sheriff’s office in order to collect the summons so as to avoid the Sheriff arriving at their place of employment to serve the divorce summons.
What if a spouse does not reside in South Africa?
A litigating spouse must utilise the Edictal Citation application process to set out that the defendant resides and/or works in another country and has no intention to return to South Africa or is unlikely to return to South Africa any time soon. The plaintiff spouse will then seek the Court’s permission to serve the divorce summons on the defendant spouse in that country either through the services of South African Embassy in that country or through a local attorney in that country.
Disclaimer: Please note that these FAQs have been generated to serve as a general information sheet and should not be used or relied on as legal advice. Each case is dealt with on a case by case basis and you should always contact your legal adviser for specific and detailed advice for your particular matter.
ATTORNEYS FOR ALL PROPERTY MATTERS
Working with experienced property law attorneys Johannesburg is essential when dealing with property transactions, ownership disputes, or legal compliance. Property law can be complex, and even a small oversight may lead to costly delays or financial losses. Therefore, obtaining professional legal guidance from the beginning helps protect your interests and ensures every transaction is completed correctly.
Our team assists individuals, businesses, investors, and developers with a wide range of property-related legal matters. From reviewing agreements to managing legal documentation, we provide practical advice tailored to your specific circumstances. This proactive approach helps minimise risks while giving you confidence throughout every stage of the process. As a result, we are considered the best property law attorneys Johannesburg.
TRUSTED PROPERTY ATTORNEYS
Property transactions often involve significant financial commitments, making reliable property law attorneys Johannesburg an important part of every purchase or sale. Whether you are acquiring commercial property, selling residential property, or negotiating long-term lease agreements, professional legal support ensures your rights remain protected. Furthermore, every agreement should be carefully reviewed to identify potential legal risks before commitments are made.
Our legal team works closely with clients to simplify complex transactions while ensuring compliance with all applicable legislation. By providing clear legal advice and careful attention to detail, we help clients complete property transactions efficiently and with greater peace of mind. This is why we are the best property law attorneys Johannesburg.
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ATTORNEYS FOR DISPUTE RESOLUTION
Property disputes can arise unexpectedly and often require prompt legal intervention to prevent further complications. Professional property law attorneys Johannesburg provide strategic guidance when resolving disagreements involving ownership, boundaries, leases, contractual obligations, and development matters. Addressing disputes early often reduces legal costs while improving the likelihood of achieving a favourable outcome.
Where negotiation is possible, we work towards practical resolutions that protect our clients’ interests. However, when litigation becomes necessary, we provide strong legal representation and advocate confidently on your behalf throughout the legal process.
WHY CHOOSE CHERRY SINGH ATTORNEYS
Cherry Singh Attorneys has built a reputation for delivering professional, client-focused legal services across a wide range of property matters. Our experienced team understands that every client has unique objectives, which is why we develop tailored legal strategies that provide practical and effective solutions. We combine technical expertise with personalised service to ensure every matter receives the attention it deserves.
When you choose Cherry Singh Attorneys, you are partnering with trusted property law attorneys Johannesburg who value integrity, transparency, and excellence in every aspect of legal practice. We are committed to protecting your interests, simplifying complex legal processes, and delivering dependable representation that helps you achieve successful outcomes with confidence.