Clearance applications The City of Johannesburg recently released guidelines for conveyancing attorneys and members of the public when they apply for clearance figures.
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Credibility under fire The credibility of the Deeds Office is under fire after revelations that at least 33 properties were irregularly or fraudulently transferred.
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New valuation roll Property owners in the Cape Metropole area have until the 30th of April to inspect and to object to the values of property which they own, so objectors had better get moving.
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Rates clearance closure Details of the Cape Town Rates Clearance offices opening times over the festive season.
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Enforcement Bobby Bertrand writes that new electrical compliance regulations could make criminals of a great many South Africans.
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Deeds Office criticism A leading local estate agent has strongly criticised the Cape Town Deeds Office for its poor service levels.
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Absa shock Absa Bank has decided to restrict the easy access homeowners have had to the equity in their homeloans.
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Comments on Appeal A number of interesting comments were made regarding last week's Another Appeal.
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Another appeal Jeanne van Jaarsveldt a director of RE/MAX of Southern Africa has called for a review of home purchasing structural costs.
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Was it the biggest? What was the biggest lodgment of deeds asks Harry Friedland.
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Bleak house The June Standard Bank Residential property gauge paints a bleak picture for South African residential property.
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Special rate The Black Conveyancers Association (BCA) has called for a special repo rate for home loans.
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PGP Outlook Pam Golding Properties latest Residential Property Outlook newsletter.
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Mum on cost The land affairs department has kept mum as to who would carry the cost of the recovery of the 335,000 title deeds lost by the Deeds Office in Pretoria.
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Tips for Trevor – a response Hugo Fyfer and Marcia du Pont respond to Simon Stockley's Tips for Trevor.
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Tips for Trevor An open letter from Simon Stockley of Integer Home Loans to Trevor Manuel to make home ownership more affordable.
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Legal Services Charter adopted Last Thursday, the Council of the Law Society of South Africa (LSSA) and its constituent members unanimously adopted the Legal Services Sector Charter.
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Deeds to move The deeds office in Johannesburg will relocate to Marble Towers in Pritchard Street this weekend, after being evicted.
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Unfortunate claims Thousands of real estate agents are being forced to work illegally due to the alleged incompetence and inefficiencies of the Estate Agency Affairs Board (EAAB).
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Meet the Registrar The Mpumalanga Deeds Registry Office is to be opened soon. Meet the Registrar, his views and his project team.
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PLAN It pays in the end to get a lawyer in the beginning.
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Value disputes Some 37 000 properties for which Cape Town city received objections to the 2006 municipal valuations will be visited.
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Strike burns South Africa's property sector faces a total shutdown due to the continuing public servants strike and its impact on the country's deeds offices.
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Property heading for meltdown? No - it looks highly unlikely according to recent data.
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NAREA The agenda of the National Association for Real Estate Agencies (NAREA) includes a strong focus on pending legislation and proposed amendments.
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New marriage law Dr Willie Marais, president of the Institute of Estate Agents of South Africa (IEASA) has drawn agents' attention to the Civil Union Act.
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December letters to De Rebus
Two letters to De Rebus about conveyancing caught my eye this month.
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R86,000 bill The city council let a Heathfield householder run up an R86,000 rates and municipal services bill, which it now insists that the property's new owner must pay.
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No strike The planned countrywide deeds office strike has been averted.
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Edgars home loans First National Bank (FNB) and Edgars Consolidated Stores (Edcon) are to offer home and personal loans to the retail group's customers.
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Fixed rates Reserve Bank governor Tito Mboweni has mooted the possibility of introducing a second fixed interest rate for home buyers.
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Protecting consumers The Housing Consumers Protection Measures Amendment Bill recently published with extensive amendments and of relevance to conveyancers.
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Half the story A rates clearance certificate does not necessarily mean a property is free of municipal debts.
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Public awareness The Law Society of the Northern Provinces proposes to launch a publicity campaign to promote the role and importance of the attorney/conveyancer.
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Legal services charter A Legal Services Charter is to be launched soon to address "glaring" inequalities in the legal sector.
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Convey2010
Book your free one-hour presentation on where conveyancing is headed.
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Syndicates Regulations on public property syndications that prescribe the minimum information that must be made available to investors in a disclosure document have been published.
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Land-use notices to go Gauteng government is to dispense with land-use notices in newspapers.
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Call to scrap duty Tax analysts call for scrapping of transfer duty on houses.
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Cape Law Society news The LSSA wants input for a meeting with the Chief Registrar of Deeds.
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Absa discounts fees Absa is offering its MyHome clients a 50% discount on conveyancing fees.
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Deeds Office moving The Deeds Office is going to move, M J Ferreira of the Law Society of the Northern Provinces tells us more.
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Awry transfer A pensioner has lost R50,000 after paying it to a bogus conveyancing attorney.
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Dodgy deals Several members of the EAAB have admitted to being involved in financial irregularities and are in the process of repaying money to the board.
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View war High court rejects call by two owners to prevent family from building three-storey house overlooking gorge.
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Strict and orderly Mr Kessy Pillay, the Registrar of Deeds in Cape Town, puts a number of impressions about the deeds office into the correct perspective.
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Still no property bubble According to Absa, the South African residential property market is not experiencing general bubble conditions yet.
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Commission retaliates The competition commission is evaluating information it requested from Sapoato determine if the association contravened the Competition Act.
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Land tax bills Property owners must take on municipalities that bill them for land tax without complying with the provisions of the new Municipal Property Rates Act.
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BCA's ambitious agenda The Black Conveyancers Association (BCA) which was launched in May has an 'onerous mandate' to achieve a number of objectives.
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Property gauge Standard Bank's most recent Residential property gauge has been published, and it makes interesting reading.
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Market backbone More than 160 000 black economically mobile buyers are now able to afford a median priced house of R435 000.
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SARS e-Filing update A short overview of the current SARS e-Filing situation in an attempt to provide some clarity.
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W32.Sober.P W32.Sober.P and its variants were responsible for the glut of unwanted German e-mails which greeted employees on Monday morning.
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Black conveyancers association According to De Rebus, a black conveyancers association is to be launched in Cape Town.
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Tshwane name change Recent press reports about the proposed change of name from Pretoria to Tshwane have caused confusion.
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House price growth relaxes According to Absa's House Price Index, house price growth continues to decline with March recording a nominal year-on-year growth of 26% as opposed to last year's highs of 35%.
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Developers up in arms SARS has allegedly refused to grant transfer duty receipts to property buyers whose tax affairs were not in order.
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2005 Budget speech In his 2005 budget speech on 23 February, the Minister of Finance, Trevor Manuel, raised the transfer duty exemption threshold, thereby slightly lowering transfer duty.
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Lawyers in multi-million rand fraud charges Two Sea Point lawyers allegedly used a businessman's stolen identity book to secure fraudulent multimillion-rand property bonds.
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Illegal house sales Poorer areas in Cape Town are experiencing a boom in illegal house sales.
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Mayor knew The mayor of Cape Town, Nomaindia Mfeketo, has admitted she knew of the City of Cape Town's out-of-hand sale of plots in the sought-after new Big Bay development to prominent figures close to the ANC.
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Jhb "misleading" landlords Has the City of Johannesburg deliberately misinterpreted a Constitutional Court ruling?
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Waterfront development on hold The City of Cape Town has halted R1-billion in developments planned for the Waterfront because, it says, the V&A Waterfront Company is not following the correct approval procedures
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Proposed levy The Western Cape, eager to generate development funds, is to investigate the viability of introducing hospitality and commercial property development levies.
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Land draft policy penalises When the City of Cape Town sells off unwanted council property, previously disadvantaged people will pay much less than white males, according to a new draft policy.
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Graduation ceremony Igqwetha Training Academy ("ITA"), held a graduation ceremony for its first group of 12 students on 18 November.
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Proposed crackdown Attorneys and property regulators plan to crack down on lucrative deals in which conveyancers "buy" conveyancing work from estate agents.
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Hijacked buildings Criminals in Johannesburg's inner city have realised that it's very lucrative to hijack entire buildings and to take over the monthly rental stream.
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Penalty for estate agents The Institute of Estate Agents of South Africa (IEASA) is to be prosecuted for contravening the Competition Act.
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Average not R1.2 million Absa's reformulation of its definition of "middle market" homes and its lifting of the upper price parameter for properties in this category to R2,2-million have caused excitement.
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Landlords lose battle Landlords are responsible if municipal services provided to their tenants are not paid for, the Constitutional Court ruled on Wednesday.
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R900 million rates bill Johannesburg ratepayers are becoming accustomed to the unpredictability of the city's accounting department.
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Moss Morris Law firm Moss Morris has closed after 100 years.
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Suburban booms
Boom gates and road closures blocking public roads infringe people's constitutional rights.
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Pavilion row A century-old title deed restriction on the public open space on the Sea Point beachfront could ultimately save the land from all future development.
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Roodefontein corruption Property developers must adhere to the correct procedures in applying for provincial approval.
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View battle ends Two women will have to fork out more than R70 000 to keep their sea view after taking their "double-storey" neighbours to court.
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Rates nightmare Municipalities throughout the country face a property nightmare - they have to trace hundreds of thousands of people who own flats and bill them individually for rates.
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Repossession solution An innovative solution for the growing problem of repossessions by banks has been proposed by Minister of Housing Lindiwe Sisulu.
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Wiring certificate shock A showdown is looming after the announcement of plans to abolish electrical compliance certificates.
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Redesign "slow" deeds registration
A hard-hitting letter to De Rebus from Graham Paddock.
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Absa house price index Despite the meteoric rise in house prices, the market appears to have lost some momentum since the beginning of 2004.
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Dispute spreads The dispute between lawyers and the Law Society of South Africa (LSSA) over the cancelled conveyancing exam has spread countrywide.
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Rates clearance certificates Sapoa (South African Property Owner Association) has been holding discussions with the Johannesburg Treasury Department in an effort to improve the rates clearance certificate situation.
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Pressure on margins South Africa's banks earn some of the highest margins on home loan lending in the world.
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View legislation stymied eThekwini Municipality has had to rethink its attempts to introduce a new regulation that requires people who are constructing buildings higher than one storey to consult all neighbours.
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Attorneys to rewrite exam The results of the national conveyancing exam written on May 12 have been declared null and void by the Law Society of South Africa (LSSA).
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Sars to hike stamp duty Sars recently noted that long-term leases are being used to avoid paying transfer duties. To prevent this practice, stamp duty on long-term leases will be raised.
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Oudekraal The Appeal Court recently ruled (28 May) that the owner of Oudekraal, next to Camps Bay, may not turn the ecologically sensitive land into a residential township.
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Value of bonds per bank Table showing who gets what More...
Vegetables for a house?!! The constitutionality of sections of the Magistrates Court Act dealing with the sale in execution of property to settle relatively small debts was debated in the Constitutional Court on 11 May.
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SA's house-price growth The South African residential property market has outperformed that of first-world countries.
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View, what view? A KwaZulu-Natal couple is prepared to go to court to stop developers constructing a six-storey building in front of Shelly Beach lodge on the South Coast.
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Banks/Comcorp merger prohibited The Competition Commission has prohibited a proposed merger between Absa, FirstRand Bank, Nedbank, Standard Bank and Comcorp Online (Pty) Ltd.
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Letters in De Rebus
Three letters of interest to conveyancers appeared in this month's (April 2004) De Rebus.
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KZN housing department to pay The SCA has ordered KwaZulu-Natal's housing MEC to pay R14m in outstanding rates and taxes.
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L.E.A.D Course The Law Society of South Africa through its Legal Education and Development (L.E.A.D) programme is offering correspondence courses in conveyancing and notarial practice.
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ABSA and Sanlam in joint venture Sanlam and ABSA have together formed a new home loans company - Sanlam Home Loans.
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SARS directive SARS has issued a directive confirming that no stamp duty will be levied on mortgage bonds registered on or after 1 March 2004.
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Property Rates Bill The Property Rates Bill passed its first hurdle yesterday when it was approved by Parliament's provincial and local government committee.
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Categories again? Questions about race and nationality will again appear on title deeds.
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Up against the wall
In a court approved-settlement, renovations to an Edwardian townhouse in Three Anchor Bay in Cape Town have been stopped.
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Transfer duty: Draft interpretation note SARS has issued a Draft Interpretation Note to consider the provisions of sections 9(1)(c) and 9(1A) of the Transfer Duty Act.
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Letters regarding conveyancing
Two letters which concern conveyancing issues appear in this month's De Rebus.
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Conveyancing exam syllabus The conveyancing examination syllabus for 2004 was revised by the Law Society in October last year.
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City of Johannesburg City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others - Chapters V and VI of Development Facilitation Act, constitutionality thereof.
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Fiasco The Johannesburg Attorneys Association (JAA) is reviewing its legal options as the issuing of municipal clearance certificates system collapses.
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Budget 2010 Finance Minister Pravin Gordhan's first budget speech had very little in it for the property sector.
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Eversheds Law firm Routledge Modise begins practising as Eversheds in SA from 1st July.
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Conveyancing seminar The Johannesburg Attorneys Association - Property Law Sub-committee invites you to a conveyancing seminar at Deneys Reitz. More...
Prize winner Theo Miltiadous of Lowndes Dlamini & Associates won a laptop at the recent Executive Series Roadshow.
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Cleared Six past and present directors of Durban law firm Meumann White have been cleared of touting allegations.
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Lowest growth The recent Absa House Price Index has confirmed the slow down in house price growth.
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Be Wary Robert Krautkrämer feels vindicated for his earlier view on Stalwo v Wary.
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Huge bunch Last week Routledge Modise, in association with Eversheds lodged a huge batch of 1325 linked deeds at the Pretoria deeds office.
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Letter of the month MR Daniels writes that it is practically impossible to avoid incurring a penalty when cancelling a mortgage bond early.
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Probe Nedbank is investigating alleged irregularities over money collected from repossessed homes.
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Slowdown relieves The slowdown in the property market is a relief for the Pretoria Deeds Office's bid to recover the 335,000 title deed images it lost.
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Budget 2008 Very little in the budget and no change to the transfer duties. So what have the property people to say?
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Lights go out Up to 400 000 deeds might need to be rescanned as a result of "power instability".
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Scrap land grabs A leading economy-watcher and former Black Consciousness activist has called for a scrapping of land grabs altogether.
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ABSA Award STBB Smith Tabata Buchanan Boyes is the best overall performer in the Western Cape.
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Deeds office on street? The deeds office in Johannesburg will be booted out of its 2 Rissik Street offices on 27 November.
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Abuse Some estate agencies in Johannesburg, Pretoria and Cape Town have been abusing their trust accounts.
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Valuations hurt SARS might levy transfer duty on "fair value" rather than the "declared value" of property if it is higher.
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Thumbs up Cabinet has approved the Integrated Coastal Management Bill for tabling in Parliament.
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Terrible quarter The NCA has apparently caused many home loans to be turned down since the beginning of June.
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Strike hits homebuyers The public sector strike has halted the buying and selling of properties involving hundreds of thousands of rands by leaving the Cape Town Deeds Office with a skeleton staff
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Calm homeowners The City of Cape Town valuations has moved to calm residents.
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Mortgage relationships The Cape Law Society has formulated a general guideline for attorneys when contracting with mortgage originators.
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Regulation board meeting The annual Deeds Regulation Board meeting was held on 19 July 2006 in Pretoria.
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Home loan Act The Department of Housing has published draft Regulations in terms of Section 12 of the Home Loan and Mortgage Disclosure Act No. 63 of 2000, for public comment.
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Overdue investigation A long overdue investigation into the laws governing the South African property industry is finally under way.
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Deeds office strike Deeds examiners in deeds offices around the country will be going on strike on 7 November.
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Land claims – document online The controversial Toward the Framework for the Review of the Willing Buyer-Willing Seller Principle document is available online.
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Minister commits Minister of Housing Lindiwe Sisulu has committed work to black conveyancers at first BCA AGM.
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Down to a crawl South African house prices rose an annual 6.5 percent in June, the slowest pace of growth in almost three and-a-half years, according to Standard Bank Group.
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Feeding frenzy Charlene Clayton investigates aspects of the mortgage origination industry.
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Clearance difficulties A letter from Harry Friedland describing his difficulties in getting rates clearance certificates from the Municipality of Cape Town.
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Property upbeat Property will continue to run well, but check the oil.
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Housing barometer Sixty percent of sellers are not realising their asking prices according to FNB's Residential Property Barometer.
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Duty clampdown SARS' transfer duty clampdown.
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Relocation of offices The offices of the Chief Registrar of Deeds, Registrar of Deeds and Surveyor-General are to be relocated.
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2006 Budget speech A really big CGT and transfer duty bonus from Trevor Manuel to property buyers.
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Saving homes The Magistrates Court Amendment Bill, which protects the sale of homes of the poor, is to be fast tracked.
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Banks can attach The Appeal Court has ruled that banks may attach and sell homes to recover debts.
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Trevor scores R8 billion The property market has become the goose that lays the golden egg for the government.
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Windeed on the air Steven Lang recently reviewed Windeed in his Cybersurf insert on SAFM's AM Live show.
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Changing the face The Igqwetha Training Academy continues to change the face of conveyancing training.
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Levy collection competency The Nelson Mandela Bay municipality's competency to collect regional services levies is being challenged.
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Foreign property ownership The panel investigating land ownership and its use by foreigners has recommended immediate interim measures.
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Deeds Office closure The Pretoria Deeds Office is set to close for three weeks during December while it moves offices, causing delays.
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Hitting out The Institute of Estate Agents of SA has lashed out at the "inconsistent treatment" it has received from the competition authorities compared with the SA Property Owners' Association (Sapoa).
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Drop in W Cape showhouse attendances The drop in show house attendance in parts of the Western Cape by as much as 70 percent is being seen essentially as a stalemate between buyers and sellers.
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Property Charter The South African property industry intends to achieve a 25% BEE target within five years.
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SA lawyers help Mugabe Cape Town attorneys are testifying in the trial of a politician accused of violating Zimbabwe's exchange controls.
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Swindlers Be aware of fraudsters promising land and homes to would-be homeowners, taking deposits and then disappearing with this money.
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Unlikely to succeed A clampdown by the Law Society of SA on conveyancers paying commissions to estate agents is unlikely to succeed. The practice is simply too widespread, say agents.
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Corrupt lawyers Watchdogs have begun to bare their teeth against lawyers who "buy" lucrative conveyancing work.
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Regulation of estate agents
The government may review the regulatory framework governing estate agents.
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Breathing space for foreigners Land and Agriculture Minister Thoko Didiza told Business Times that she does not plan to limit non-citizens' property rights.
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Home loans net widens Housing Minister Lindiwe Sisulu and the Banking Association of SA are expected to sign an agreement today to spread the home loans net.
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Developers flout law Companies and developers who flout environmental regulations face a R5m fine or 10 years in jail, according to the amended National Environment Management Act.
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No property bubble Views on the effect of the budget on property.
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Development rejected The Department of Agriculture and Environmental Affairs (DAEA) has turned down an application for a luxury estate development in the Dargle valley.
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New Transfer Duty Declarations The GhostConvey Product Management team recently attended a workshop at the SARS Head Office in Pretoria to discuss the implementation of the new Transfer Duty and VAT 249 declarations.
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Property boom boosts revenue The property boom boosted government revenue last year and banks increased their mortgage lending by 23 percent.
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LEAD conveyancing course An urgent letter from the KwaZulu-Natal Law Society about changes to the 2005 LEAD conveyancing course.
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House price growth in 2005 Absa sees a house price growth of between 15% and 20% this year, after growth of over 30% last year.
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KZNLS talks tough The KwaZulu-Natal Law Society (KZNLS) recently adopted a motion calling for attorneys to sign affidavits stating that they do not "buy work".
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Threatened homes A Newlands man has started a website to name and shame greedy developers and architects responsible for offensive structures.
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Bill Rawson interview
A transcript of a lively interview with Bill Rawson of the Estate Agency Affairs Board on Moneyweb.
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Letters to De Rebus
Two letters of interest to conveyancers in the November De Rebus.
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Man claims he owns M4 land A Stellenbosch businessman made the startling claim that he owns the land on which the coastal road between Durban and KwaDukuza is built.
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New property tax
A new draft law aimed at property deals involving foreigners could hit buyers' pockets - hard.
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Sale must be justifiable The Constitutional Court has ruled that courts shall in future determine whether the sale in execution of houses to settle debt is justifiable.
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Buoyant house prices According to a report released on Tuesday by Standard Bank, the residential property market is still buoyant.
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El Dorado loses its allure A multi-million cluster complex in the upmarket northern suburb of Weltevreden Park lies in ruins.
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Launch a career in conveyancing The Igqwetha Training Academy [ITA] is again running its ITA Para-Legal Course in Conveyancing [Level 1] and applications are welcome.
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Billings chaos Infuriated property sellers now face paying five months in advance for rates and for estimated water and electricity use before local authorities can issue a clearance certificate.
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Answers wanted Both the DA and Sapoa want answers to the government's plans to build low-income homes and flats near wealthy suburbs.
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Attorneys estate to be liquidated ABSA Bank has approached the Cape High Court to have the estate of Athlone attorney Mohamed Rafiq Koorowlay sequestrated after he allegedly misappropriated R5 million in trust funds.
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Sweeping changes proposed The Estate Agency Affairs Board is negotiating with the Competition Commission and the Department of Trade and Industry to re-introduce compulsory board examinations.
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Agent hype leads to mispricing Estate agents are overvaluing properties to secure sole mandates, which is leading to increasing numbers of homes sitting on the market for longer than they should, with many confused and disgruntled sellers.
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Recommended tariffs dropped
The Institute of Estate Agents has stopped publishing recommended tariffs of professional fees and commissions, according to Sapoa.
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Home loan applications up 40% Home loan applications have risen by 40 percent in the first six months of this year.
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Attorneys must rewrite On Monday the Pretoria High Court ruled in favour of the LSSA's decision to nullify the results of the leaked conveyancing exam.
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Igqwetha Training Academy Buchanan Boyes Smith Tabata has launched their associated training academy, Igqwetha Training Academy [ITA].
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Pay or lose Errant Pietermaritzburg home owners could find themselves homeless since the municipality has obtained a high court order permitting it to sell 7 000 properties without consulting the owners.
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Lawyers contest exam rewrite A group of 16 lawyers from the Cape Law Society is contesting the decision by the Law Society of South Africa to nullify the recent conveyancing exam results.
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Your personal details for sale The Post Office plans to sell your personal details to private companies for millions.
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Bogus estate agents e-TV's exposé of bogus estate agents has brought a serious message home to consumers about the need to check agents' credentials.
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Fica seminar L.E.A.D (Legal Education And Development) is holding a series of seminars on Fica requirements.
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Cape Town rates ruling The Cape High Court has ruled that Cape Town's rates are unconstitutional - but that ratepayers have to go on paying them anyway, according to a report on the News24 site.
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Standard Snapping A report by Barnard Jacobs Mellet banks analyst David Kinsey shows Standard Bank rapidly gaining market share in the retail mortgage market.
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Estate agents needed Yet more than 43 000 estate agents in over 11 000 firms are registered with the Estate Agency Affairs Board.
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Transactional billing introduced GhostWare clients can now disburse software costs to their end clients.
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Contributions wanted! The GhostDigest has been publishing conveyancing and property news for just over a year and it is read by thousands of people.
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Bullish on homeloans First National Bank has reported excellent new homeloan business volumes for the first quarter.
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Transformation charter The legal profession hopes to have its own transformation charter in place by the end of the year according to BusinessDay.
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Rates Increase fears The Municipal Property Rates Bill is to be enacted soon to allow municipalities to implement the system in time for their financial year, starting July 1.
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Property registration is not simple In Registration of property not that simple, on BusinessDay, Sanchia Temkin laments the lack of understanding the public has of the conveyancer's role.
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GhostConvey training - Johannesburg Refresher courses and training workshops for GhostConvey are held regularly in Johannesburg.
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No delay for Rates Bill The passage of the controversial Property Rates Bill will not be delayed. And Sydney Mufamadi defends it.
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Stamp duty to go - 2004 Budget speech In his 2004 budget speech on 18 February, the Minister of Finance, Trevor Manuel, removed stamp duty on mortgage bonds.
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By-law fears Estate agents and rent collection organisations have described as "ridiculous" a Mandela metro municipal by-law which they say will discourage investors in the property market.
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Price fixing The Competition Commission has fined the Hospital Association of SA R4,5m for contravening the Competition Act in 2001-02.
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"Red lining" and home loans The housing department has established an office of disclosure to which banks will have to provide information about their home loan and mortgage lending.
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Challenge to debt collection law The Transfer Rights Action Campaign is disputing the application of section 118 of the Municipal Systems Act and sections of the local government ordinance.
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Mortgage defaulters win victory Defaulting homeowners have won a major victory against banks that sell homeowners' properties at a profit and then fail to credit their accounts.
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Bond Choice records 300% growth Mortgage bond origination company Bond Choice recorded a 300 percent increase in approved home loans between January and November last year, making it the fastest growing business of its kind in the country.
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Neighbours in court over view A businessman has sought an order preventing a neighbour from building a house in Plettenberg Bay because it obstructs the view from his family's holiday home.
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