Du Toit-Smuts & Mathews Phosa

Conveyancing is essentially the transfer of the legal title to property from one person to another, or the granting of an encumbrance (i.e. a mortgage bond), but the term has grown to encompass all forms of transactions relating to immovable property. A typical transfer transaction takes on average 4–6 weeks to complete, but this may vary and is determined by a host of factors including legal, personal, social and financial.

Whether you are buying or selling your own home, farm or business premises, developing land or merely registering a mortgage bond, this can be a stressful time and not knowing what happens next only adds to the worry. At our Firm we will always make a point of keeping you informed throughout the transaction and we offer regular progress reports on transactions. We furthermore are able to assist in the collection and delivery of documents if required.

Our Conveyancers will ensure that the buyer of real estate obtains a proper and marketable title to the land (i.e. that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale). The conveyancing process is managed and monitored throughout to ensure that the buyer secures all right, title and interest to the land.

The many laws governing property ownership and development require property lawyers to have a dynamic approach to transactions. Our Property Law Department has wide experience in this field and provides specialised services within the full spectrum of commercial and residential Conveyancing, including:

Contracts:

• Deeds of Sale for the Acquisition, Sale and Transfer of Land
• Donation
• Exchange
• Sale
• Lease
• Franchise
• Loan
• Supply
• Standard Terms and Conditions
• Lease and Option Agreements

Various Developments:

• Sectional Title
• Share Block
• Timeshare
• Commercial (including Offices, Factories and Shopping Centres)
• Mini-Sub Developments
• Medium-Density Development
• Township Establishment, Subdivision of Land and Consolidations
• Municipal Conveyancing, as well as Local and Inter-Provincial Agency

Bonds:

• Registration of Homeloans and Commercial Mortgage Bonds for Financial Institutions
• Private / Third Party Bonds
• Cancellation of Bonds

Various forms of Transfers:

• Private sales
• Estate Agent transactions
• Transfer of Deceased / Insolvent Estates
• Sheriff Transfers
• Landclaims

Notarial Services:

• Servitudes
• Leases
• Bonds
• Antenuptial Contracts
• Cessions
• Authentication of Documents
• Others Notarial Requirements

Miscellaneous:

• Expropriation
• Deeds Registry and Surveyor General's Office Searches
• Structuring of Property Trusts
• General Property Advice

DU TOIT SMUTS AND PARTNERS is appointed to the conveyancing panels of major financial institutions, inclusive of:

• FirstRand Bank (Commercial and Homeloans)
• Standard Bank (Commercial and Homeloans)
• ABSA Bank (Commercial and Homeloans)
• Nedbank (Commercial and Homeloans)
• Investec Bank (Commercial and Homeloans)
• Eskom Finance Company (Homeloans)

We are also glad to serve as conveyancing correspondents for all matters relating to the Mpumalanga Deeds Office, Nelspruit.

Click here to view or Table for Transfer and Bond costs.

Contact persons for this area of practice:

Partners: Johan Oosthuizen, Josef Schabort, Khadija Dockrat, Jurie Grobler, Wiekus Roos
Professional Assistants: Bianca Rossouw, Lizelle Douglass