Beukes & Ferguson Inc.

11/09/2026

Buying a sectional title property? You may notice that the unit comes with an 𝐞𝐱𝐜𝐥𝐮𝐬𝐢𝐯𝐞 𝐮𝐬𝐞 𝐚𝐫𝐞𝐚 (𝐄𝐔𝐀), such as a private garden, parking bay, patio or storeroom.

But what exactly does “exclusive use” mean?
An exclusive use area is generally 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐨𝐦𝐦𝐨𝐧 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐲, but the owner of a particular section has the right to use that area exclusively. This does not necessarily mean that the area forms part of the section itself and results in ownership.

Before purchasing, buyers should establish 𝐡𝐨𝐰 𝐭𝐡𝐞 𝐞𝐱𝐜𝐥𝐮𝐬𝐢𝐯𝐞 𝐮𝐬𝐞 𝐫𝐢𝐠𝐡𝐭 𝐢𝐬 𝐜𝐫𝐞𝐚𝐭𝐞𝐝 𝐚𝐧𝐝 𝐫𝐞𝐜𝐨𝐫𝐝𝐞𝐝. Some rights are registered in terms of the Sectional Titles Act in which case the exclusive area will be held by a separate notarial deed, while others may be created through the scheme’s rules with no separate deed. The applicable documents should clearly identify the area and the section to which it is allocated.

It is also important to check the 𝐛𝐨𝐝𝐲 𝐜𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞’𝐬 𝐫𝐮𝐥𝐞𝐬. These rules can regulate how an exclusive use area may be used and maintained. Owners may, for example, be restricted from making certain alterations or using the area for a purpose other than its intended use.

Buyers should also determine 𝐰𝐡𝐨 𝐢𝐬 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐥𝐞 𝐟𝐨𝐫 𝐦𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞 and associated costs, as these obligations can have financial implications.

Most importantly, don't rely solely on an estate agent's description or the physical appearance of the property. Ask the conveyancer to verify the sectional plan, title documentation and applicable body corporate rules.

𝐀 𝐥𝐢𝐭𝐭𝐥𝐞 𝐝𝐮𝐞 𝐝𝐢𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐛𝐞𝐟𝐨𝐫𝐞 𝐬𝐢𝐠𝐧𝐢𝐧𝐠 𝐜𝐚𝐧 𝐩𝐫𝐞𝐯𝐞𝐧𝐭 𝐞𝐱𝐩𝐞𝐧𝐬𝐢𝐯𝐞 𝐬𝐮𝐫𝐩𝐫𝐢𝐬𝐞𝐬 𝐚𝐟𝐭𝐞𝐫 𝐭𝐫𝐚𝐧𝐬𝐟𝐞𝐫.

04/09/2026

When buying or selling property, you may hear your estate agent and conveyancer mention rates clearance figures and levy clearance figures. But what exactly are they, and why are they so important?
Rates clearance figures are amounts calculated by the relevant municipality to determine what must be paid before a property can be transferred. They generally include outstanding municipal rates and service charges, together with amounts payable in advance, depending on the municipality’s requirements.
This process is linked to section 118 of the Municipal Systems Act, which generally prevents the Deeds Registry from registering a transfer unless the prescribed municipal clearance certificate has been produced.
Levy clearance figures apply primarily to properties in sectional title schemes (but also Homeowners Associations). They relate to amounts owing to the body corporate, such as levies and other charges payable in terms of the scheme’s management arrangements. The Sectional Titles Schemes Management Act provides the legislative framework for the management of sectional title schemes and their bodies corporate.
Why are these figures required?
The purpose is to ensure that amounts connected to the property are dealt with before transfer takes place. They help protect municipalities, Homeowner’s Associations and sectional title schemes from unpaid amounts and enable the conveyancer to obtain the necessary clearance documentation for registration. It also provides further protection to the purchaser ensuring that all outstanding amounts due by the seller to municipality, Homeowner’s Association and body corporate have been settled and are up to date as at date of registration.
Clearance figures are not simply “extra costs” of selling a property. They form an important part of the legal transfer process and can affect how quickly the transaction proceeds as amounts (including arrears) are payable prior to registration of transfer.
As the payments are made in advance, does this mean that the seller sponsors the purchaser? No, it does not. With municipalities, the purchaser is billed from date of registration and any overpayment made by the seller is refunded to them by the municipality. HOA’s and Body Corporates each work differently, but the conveyancer or the managing agent calculate the pro-rated amounts and allocate same on the final accounts on registration.

28/08/2026

When selling a property with a registered bond, one of the important steps in the transfer process is obtaining bond cancellation figures from the bank. These figures confirm the amount required to settle the outstanding home loan and enable the bond to be cancelled at the Deeds Office.
The cancellation figure generally includes the outstanding capital balance, together with interest calculated up to a specified future date and, where applicable, bank fees and early settlement or cancellation charges. Because interest continues to accrue, the amount required to settle the bond may change depending on the actual date of payment.
The conveyancer will request the cancellation figures from the bank and arrange for the necessary guarantee to be issued. A guarantee is an undertaking, usually provided by the purchaser's bank or the transferring attorneys, confirming that the required amount will be paid to the seller's bank on registration.
It is important to remember that the cancellation figure may be higher than the amount ultimately required to settle the bond. This can happen where the guarantee is issued for an amount covering interest up to a later anticipated registration date.
Once the property transfer registers, the guaranteed amount is paid to the bank. If the actual settlement amount is less than the amount paid, the surplus is refunded by the bank to the seller, subject to its procedures.
Understanding these figures helps sellers avoid confusion and ensures that the proceeds from the sale are correctly accounted for after the bond has been settled and cancelled.

21/08/2026

Buying or selling a sectional title property? One issue that can cause delays and confusion is arrear levies and special levies. So, who is responsible for paying them when the property is transferred?
In South Africa, the owner of the unit is generally responsible for levies owed to the body corporate. When a property is sold, the conveyancer will obtain the necessary levy information and clearance documentation from the body corporate before transfer can take place.
Arrear levies may need to be settled before the transfer process can be completed. This can cause delays if the seller has not made provision for the outstanding amount.
Special levies require particular attention. A body corporate may impose a special levy for an expense that is not adequately covered by the ordinary levy, such as major repairs, maintenance or other significant expenditure. The timing of the special levy is important. Depending on when it was raised, when it became payable and what the sale agreement provides, responsibility for the amount may need to be carefully determined.
The sale agreement should clearly state who is responsible for outstanding levies, special levies and other transfer-related costs. Parties should not assume that the buyer or seller is automatically responsible simply because the property is being transferred.
It is therefore important for sellers to establish their levy account status well before transfer, including whether any special levies have been raised or are anticipated. Buyers should also ensure that the conveyancer has properly addressed the levy clearance requirements and any special levy obligations.
Always obtain professional advice on your specific circumstances, as the legal position can depend on the nature and timing of the amounts owing.

07/08/2026

07/08/2026

Technology has made it easier than ever to do business from anywhere, but when it comes to buying or selling property, many people wonder whether they can simply sign everything electronically from home.
The answer is: it depends on the document.
Under South African law, certain property-related documents can be signed remotely or electronically. However, many of the key documents required to transfer ownership of immovable property still require original ("wet ink") signatures. This is because the Deeds Registries system has specific legal requirements that must be met before a property transfer can be registered.
If you are unable to meet your conveyancer in person, there are still practical solutions. Your conveyancer can arrange for documents to be couriered to you, or, if you are overseas, they may prepare a Power of Attorney or arrange for documents to be signed before a South African embassy, consulate, or a notary public, depending on your circumstances and the country you find yourself in.
Every property transaction is different, and the signing requirements may vary depending on whether you are the buyer, seller, or financing through a bank. Trying to rely solely on electronic signatures without legal advice could result in delays, rejected documents or unenforceable agreements.
The good news is that experienced South African conveyancers regularly assist clients who are in another province or even another country. With the right guidance, your property transfer can proceed smoothly while complying with all legal requirements.
Before signing any property documents electronically, speak to your conveyancer first. A quick conversation can help ensure your transaction remains legally valid, avoids unnecessary delays, and reaches registration without complications.

31/07/2026

The answer depends on how the property is owned and the couple's matrimonial property regime. In many cases, particularly where spouses are married in community of property, the consent of both spouses is required before the family home or certain jointly owned assets can be sold. This legal protection helps ensure that one spouse cannot make significant financial decisions that affect the other without agreement.
If a property is jointly owned, both registered owners will generally need to sign the necessary transfer documents before the sale can proceed. If the property is owned by only one spouse, the situation may differ depending on the terms of the marriage and the applicable laws.
Attempting to sell property without the required consent can lead to legal disputes, delays in the transfer process, and, in some cases, the sale being challenged or declared invalid. That's why it's essential to understand your legal rights before signing any sale agreement.
If you're planning to buy, sell, or transfer property during your marriage, seeking advice from an experienced conveyancing attorney can help ensure the transaction complies with the law and protects everyone's interests.
Property transactions should never be rushed. Taking the time to understand the legal requirements and obtaining the necessary consent can save you from costly complications and provide peace of mind for everyone involved.
Have questions about selling property during marriage? Speak to a property law professional before making any major decisions.

24/07/2026

For many couples, property is one of the most valuable assets to deal with during a divorce. Whether it's the family home, an investment property, or vacant land, understanding what happens next is essential to ensuring a smooth transfer of ownership.
A divorce does not automatically transfer a property's ownership from one spouse to the other. The property can only be transferred once the divorce settlement agreement or court order clearly outlines how the asset will be divided. Until the transfer is legally registered, the property's ownership remains unchanged.
If one spouse is awarded the property, the title deed must be updated to reflect the new owner. If there's an existing home loan, the bank will need to approve the transfer, and the spouse retaining the property may need to qualify for the bond in their own name.
In some cases, the property may be sold, with the proceeds divided according to the divorce settlement. Before making any decisions, it's important to understand the property's current market value, any outstanding bond balance, and the costs involved in transferring or selling the property.
Working with an experienced conveyancer can help ensure all legal requirements are met, the necessary documents are prepared correctly, and the transfer is registered without unnecessary delays.
Be specific in the settlement agreement in respect of deadlines, values etc.
Property transfers during divorce can be complex, but with the right legal guidance and professional support, the process can be managed efficiently. Understanding your rights and the steps involved will help protect your interests and provide greater certainty as you move forward into your next chapter.