Property Law

At A de Bruyn Attorneys, we take great pride as well- trusted and efficient experts in all property law related matters, specialising amongst other areas of expertise, in real estate law and procedures, while operating within the broader Cape Town Region. 

We offer our clients dependable, accurate and cost- effective deeds registry services, ensuring the complete conveyancing process to be a personalised and an effortless experience.

Whether you’re buying or selling a property, whether you’re a first-time buyer or a seasoned property tycoon, it’s always a significant step. It fundamentally involves a substantial financial and emotional investment. This investment must be profitable in the future. We aim to make this process easy and achievable for you. This is the underlying reason for our collabouration with trusted experts, such as reputable real estate agents, bond originators and property and business developers. We aim to be your one-stop solution for all your property needs. 

Our services include: 

1. Drafting and perusing of Property Sale and Disclosure Agreements. 
2. Conducting a detailed examination and explanation of the Property Sale Agreement’s terms and conditions, to ensure all stipulations and provisions comply with legislation, and confirming the structure of the property comply with applicable Municipal Building Regulations.
3. Certifying that you’re well-versed with the conditions of the title deed, and fully understand the permissible uses of the property,  after all, you wouldn’t want to be caught off guard by a municipal officer, while erecting a charming abode for your mother-in-law in the backyard, would you? 
4. Ownership changes on title deeds intended for residential, sectional, agricultural and commercial properties. 
5. Interpreting and providing legal protection against the potential repercussions of hidden and apparent flaws on the property, known as latent and patent defects, including hidden leaking roof structures and non-compliant electrical connections.
6. Attending to all legal drafting, administration, and registration of deed registry documents, collectively with SARS transfer duties, Municipal and Body Corporate certificates and issuing of compliance certificates. 
7. Furnishing you with a pragmatic timeline for the anticipation of registration at the Deeds Office, to ascertain the organisation of your financial resource during the property transfer process.
8. Supplying you with a conclusive statement, that meticulously addresses and calculates all costs and expenses. 

Our services extend to: 

1. Drafting and registration of notarial deeds and notarial, private, surety and indemnity mortgage bonds.
2. Drafting and registration of a General Power of Attorney, which is crucial if you’re planning to jet off on an extended adventure. After all, you’ll need a trustworthy individual back home to hold down the fort and act in your stead.  
3. Hypothecation of a long – term lease agreements
4. Recording of contract in terms of the Alienation Land Act,68 of 1981, which allows the buyer to make payments to the seller in two or more instalments over a period of 12 months. 
5. Applications for lost title deeds to be reissued and certified by the applicable Deeds Registry Office. 
6. Facilitating and transferring your property to a corporate entity or trust, accompanied by collabourative legal and tax implication guidance.
7. Executing divorce transfers and endorsements as per court orders, a process as delicate as removing a name from a love letter, to ensure your title deed is free from any discarded names. 
8. Deceased property transfers and endorsements.   
9. Registration of usufruct and servitudes, a task as crucial as drawing the line in the sand, to ensure your neighbour’s ambitions don’t spill onto your private driveway. 
10. Application and registration of new townships and developments.
11. Development, subdivision, consolidation, and rezoning applications of properties cooperatively with SPLUMA regulations.
12. Registration and incorporations of Sectional Schemes in favour of developers or property owners.
13. Incorporation and registration of Body Corporates and HomeOwners Associations, simultaneously with registration of property management and conduct rules, to ensure that an owner doesn’t turn the property into a feline playground with her 10 roaming cats. 

Property Law Dispute and Resolution Services: 

1. All matters related to the Sectional Title Schemes Management Act, 8 of 2011 and any contravention to management and conduct rules.  
2. Negligence by trustees/ management agents and consequential insurance claims.  
3. Noise and boundary disputes. 
4. Drafting of rental agreements in compliance with the Rental Housing Act 50 of 1999 and the Consumer Protection Act 68 of 2008.
5.  Municipal disputes, relating property tax valuations, water and electricity accounts, municipal by-laws, and other property-related matters.

We prefer to use alternative dispute resolution methods to resolve disputes in a quicker, easier, and less expensive manner. We make use of the Rental Tribunal, City Ombud, or Community Schemes Ombud Service (CSOS). Our approach gives us a unique understanding of the legal landscape surrounding property law.

“We vow by expediency, efficiency, and consistent communication with all relevant parties, these are essential components in fruitful property related matters.”