David P Enslin EXP Realty

25/08/2026

RETIRE TO THE BUSHVELD
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1 Bed from R695'000
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For more info:
David P Enslin
067 796 4870 | 079 275 6454

ENJOY YOUR RETIREMENT IN THE BUSHVELDYour retirement should feel l...

27/07/2026

27/07/2026

DAVID'S CORNER:
"It's only a tent..." or is it?

When I first read this court judgment, I smiled.
Not because it was funny... but because I could almost hear a frustrated property owner saying:
"Come on! It's just a tent. Surely that can't be someone's home?"

Most of us would probably agree.

But then the High Court asked a completely different question.

Not...
"Who owns the land?"

Instead...
"Has this become someone's home?"
And that changed everything.

IMAGINE THIS...
A property owner successfully obtains an eviction order. The Sheriff carries out the eviction exactly as the court instructed.
Case closed.

Or so everyone thought.

A few days later, the same people return.
Not into the building.....but onto a nearby parking area where they pitch tents, unpack their belongings and begin living there.

The owner thinks, "I've already won this case. Surely they can just be removed."

Not so fast, said the Court.

The judges weren't deciding whether the occupation was lawful.
They were deciding whether those tents had become their home.

Because under South Africa's Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), a home isn't defined by bricks and mortar.
It's defined by reality.

If a place is where someone permanently sleeps, keeps their possessions and has nowhere else to go, the law may regard it as their home... even if it's a tent.

That doesn't mean owners lose their rights.

Far from it.

It simply means those rights must be exercised through the correct legal process.
The University in this case wasn't told it couldn't evict the occupiers.
It was told it had approached the court under the wrong legal framework.

Sometimes, winning the legal argument isn't enough.
You also have to follow the correct legal road.

DAVID'S COFFEE TABLE THOUGHT
One of the biggest lessons I've learnt in property over the years is this:

Never assume the law works the way "common sense" says it should.

Property law is full of surprises, and this judgment is one of them.

Whether you're a landlord, investor, homeowner or tenant, getting the right advice before taking action can save months of frustration, legal costs and unnecessary conflict.

If you're unsure about a property matter, let's have a conversation. Sometimes a 10-minute chat can prevent a 10-month court battle.

What do you think?

Should a tent ever be regarded as a legally protected home?

I'd love to hear your thoughts.

Source: Adapted from an article by Neale Petersen (10 July 2026), with legal commentary by Jason Berkowitz of Van Deventer Dowlath & Marx Incorporated.

25/07/2026

🚨 "David... there are strangers living in the house you just sold!"

The owners had already moved to Mozambique... and they had absolutely no idea.

Reading a recent Mossel Bay Advertiser article featuring property attorney Jaco Lötter of Tonkin Clacey reminded me of a true experience from my own career. While the legal case involved different facts, it brought back this unforgettable lesson.

DAVID'S CORNER

Years ago, I sold a home whose owners had already relocated to Mozambique after accepting an offer on their property.

Everything appeared to be going according to plan...

Until I visited the property.

There were far more people coming and going than I expected. Something just didn't sit right with me.

After asking a few questions, I uncovered the truth.

The domestic worker had been secretly renting out rooms and space on the property while the owners were living in Mozambique. She was collecting the rent herself, and the owners knew absolutely nothing about it.

The purchaser was understandably alarmed. Imagine buying your dream home only to discover complete strangers living there.

I spoke to the occupants and explained the situation. They had paid money, but sadly they had paid the wrong person. They too had been misled.

I gave them a clear choice.

Pack up and vacate the property by the following day, or the matter would have to be escalated through the proper legal channels.

The domestic worker then had some difficult questions to answer as the occupants demanded their money back.

When I returned the very next morning...
Every room was empty.
The occupants had packed up and left.
That's when I knew that dealing with the issue immediately had prevented what could have become a lengthy and expensive legal battle.

That experience has stayed with me for years.

It also reminds us that while South African law protects vulnerable occupiers through the PIE Act, it also protects the rights of lawful property owners. Every case is different and should always be handled fairly, respectfully and within the law.

DAVID'S COFFEE TABLE THOUGHT

One of the biggest mistakes a property owner can make is assuming everything is fine simply because they're not there.

If your property is standing empty... check on it.

If you've relocated... make sure someone you trust is keeping an eye on it.

Small problems have a way of becoming very expensive if they're left too long.

👇 Have you ever discovered something unexpected at a property you owned or were buying? I'd love to hear your story.

🏡 If you're thinking of selling, buying, investing or simply need honest property advice, send me a message. After more than three decades in real estate, I'd be happy to help you avoid the surprises before they become problems.

David P Enslin | eXp Realty
Experience. Integrity. Results

067 796 4870 | 079 275 6454

Story inspired by a Mossel Bay Advertiser article featuring Jaco Lötter (Tonkin Clacey). Based on an actual experience by David P Enslin.

21/07/2026

FOREIGN PROPERTY BUYERS :
One Banking Code Could Delay Your Money Leaving South Africa

If you're a foreign national purchasing property in South Africa, there's an important regulatory change coming that deserves your attention.

From **11 August 2026**, the South African Reserve Bank (SARB) will introduce updated harmonised **Balance of Payments (BoP) Codes**. While this may sound like a technical banking matter, it could have significant implications for anyone investing in South African real estate.

WHAT ARE BoP CODES?

Balance of Payments (BoP) Codes are used by South African banks to classify all cross-border financial transactions. Whenever money enters or leaves South Africa, the transaction must be reported to the South African Reserve Bank using the appropriate code.

For foreign property buyers, this code identifies the purpose of the funds being transferred into the country.

WHY DOES THIS MATTER?

Many overseas investors focus on finding the right property, securing finance, and navigating the legal process. However, the BoP code selected when transferring purchase funds into South Africa is just as important.

Using the correct code helps ensure that when you eventually sell your property, you can legally and efficiently repatriate your proceeds back to your home country.

An incorrect classification may lead to:

* Delays when transferring sale proceeds abroad.
* Additional compliance investigations.
* Requests for further supporting documentation.
* Possible restrictions on releasing your capital until discrepancies are resolved.

Simply put, getting the code wrong at the beginning can create unnecessary complications years later.

MORE THAN 800 CLASSIFICATION CODES

The updated SARB framework contains more than **800 categories and subcategories**, reflecting the wide variety of international financial transactions.

The correct code depends on several factors, including:

* The ownership structure of the investment.
* Whether the purchaser is an individual, company or trust.
* The intended use of the property.
* The nature of the funds being introduced.

This is not a "one-size-fits-all" process.

TAX COMPLIANCE MATTERS TOO

Another important consideration is that your BoP classification should align with the information submitted to the South African Revenue Service (SARS).

If the purpose of the funds recorded with your bank differs from what is declared for tax purposes, it may trigger additional compliance reviews.

Consistency between banking records and tax reporting is becoming increasingly important.

WHY THE CHANGES?

The updated BoP framework aligns South Africa's reporting requirements with the International Monetary Fund's Balance of Payments Manual (Version 6).

The objectives include:

* Improving reporting accuracy.
* Standardising cross-border transaction classifications.
* Supporting financial stability monitoring.
* Enhancing economic data quality.
* Streamlining legitimate international payments.

While these changes mainly affect banks and authorised dealers, foreign property investors should understand how they impact their investment journey.

ALWAYS GET PROFESSIONAL ADVICE BEFORE YOU TRANSFER FUNDS

The best time to confirm the correct BoP code is **before** your money enters South Africa.

Speak to:

* Your transferring bank.
* Your South African conveyancing attorney.
* A qualified foreign exchange specialist.
* Your tax adviser if required.
With our network of professionals, we can guide you with this.

A few minutes spent confirming the correct classification today could save months of administrative delays when you decide to sell your South African property in the future.

David P. Enslin 067 796 4870
Trusted by experience. Driven by innovation. Connected to the world.

**Disclaimer:** This article is intended for general information only and does not constitute legal, tax, exchange control or financial advice. Investors should obtain advice from suitably qualified professionals regarding their individual circumstances.