Dennis-The Estate Agent

23/06/2026

Retirement villages that sell Life rights got a blood-nose in court

A 78-year-old widower nearly lost his home because his name wasn't on a piece of paperwork.

Thankfully, the High Court said no.

A spouse's right to occupy a life-rights unit does not depend on an administrative update to a contract. Long-term occupation with a scheme's knowledge creates enforceable rights, and eviction of elderly or vulnerable residents must always be tested against constitutional and PIE-based fairness, no matter how clean the paperwork looks on the operator's side.

At Van Deventer Dowlath & Marx, our Head of Community Schemes and Compliance, Johlene Wasserman, unpacks exactly what this judgment means for retirement village operators, trustees, managing agents, and the residents who call these schemes home.

Administrative gaps are not a legal strategy, and silence can create rights that cannot later be denied.

Read the full article in the comment section below.

19/06/2026

The "Hidden" Cost of Property Just Went Up

If you’re planning to buy property after July 1st, your "hidden" costs just got more expensive.
Most people budget for the deposit and the bond repayment. But the one thing that catches every first-time buyer off guard is the Conveyancing Fees.

Starting 1 July 2026, the recommended fee guidelines for property transfers and bond registrations in South Africa are increasing by an average of 3.4%.

Why is this happening?
This is the annual adjustment published by the Law Society of South Africa (LSSA) and the Legal Practice Council (LPC). It’s an inflationary update to cover the rising costs of running a legal practice - everything from specialized software and cybersecurity to the staff who handle your paperwork at the Deeds Office.

How does this affect you?
The Buyer Pays - In South Africa, the buyer is responsible for the transfer costs and the bond registration costs.

Compounding Costs: While 3.4% sounds small, it applies to the professional fee component of your costs. On a R2 million property, you’re looking at an extra few thousand Rand that you need to have in cash before the deal can move forward.

It’s Not Just One Fee: Remember, your "Transfer Costs" are made up of:
- Professional Fees (The ones going up on July 1).
- VAT (15% on the professional fee).
- Deeds Office Fees (Government charges).
- Transfer Duty (Tax to SARS—this hasn't changed).

If you’ve just signed an Offer to Purchase, ask your attorney for a pro-forma cost sheet immediately. Make sure it reflects the July 2026 tariffs if your registration is happening after the 1st.

Don't let a few thousand Rand in "hidden" costs stall your transfer.

Follow the route. See the data. Protect your equity.

19/06/2026

11/05/2026

https://m.facebook.com/story.php?story_fbid=1579994164129464&id=100063566860771

For STBB Director and experienced real estate lawyer, James Phillipson, understanding when and why approved building plans are required is vital to a dispute-free property transaction.

Read James’ expert insights here: https://stbb.co.za/all-about-property-property-sales-and-building-plans-when-is-a-seller-legally-obligated-to-provide-approved-plans/

07/05/2026

The role of an agent does not end when the offer is signed.

05/05/2026

The Democratic Alliance is fighting the same illegal fixed charges in Tshwane which they instituted in Cape Town. The High Court gave them a hiding. What will the voters in Municipal Ecetion on 4 Nov tell them?

Watch, follow, and discover more trending content.

30/04/2026

Is your Offer to Purchase (OTP) missing the 𝐍𝐄𝐌𝐁𝐀 𝐜𝐥𝐚𝐮𝐬𝐞? 📝 This vital addition ensures that both buyers and sellers are protected when dealing with properties that have invasive plant species. From 𝐂𝐚𝐭𝐞𝐠𝐨𝐫𝐲 𝟏𝐚 𝐬𝐩𝐞𝐜𝐢𝐞𝐬 that require immediate eradication to 𝐂𝐚𝐭𝐞𝐠𝐨𝐫𝐲 𝟐 𝐬𝐩𝐞𝐜𝐢𝐞𝐬 that require specific permits, understanding these regulations is essential for a smooth property transfer. Don't get caught off guard by state-ordered removals or unexpected penalties.

𝐋𝐞𝐚𝐫𝐧 𝐦𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐢𝐧𝐯𝐚𝐬𝐢𝐯𝐞 𝐬𝐩𝐞𝐜𝐢𝐞𝐬 𝐜𝐚𝐭𝐞𝐠𝐨𝐫𝐢𝐞𝐬 𝐚𝐧𝐝 𝐩𝐞𝐫𝐦𝐢𝐭𝐬: https://www.snymans.com/advice/buying-or-selling-property-dont-overlook-the-invasive-plant-clause

29/04/2026

At the age of 40 I had to start a Woolworths franchisee career to discover I’m a match-maker, some call us sales persons.

27/04/2026

https://www.facebook.com/share/1CBCHoKGEF/?mibextid=wwXIfr

𝗧𝗛𝗘 𝟵𝟵-𝗬𝗘𝗔𝗥 𝗟𝗘𝗔𝗦𝗘 𝗔𝗚𝗥𝗘𝗘𝗠𝗘𝗡𝗧 𝗜𝗡 𝗦𝗢𝗨𝗧𝗛 𝗔𝗙𝗥𝗜𝗖𝗔𝗡 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬 𝗟𝗔𝗪

In South African property law, a 99-year lease is a long-term lease agreement that grants the lessee use and enjoyment of immovable property for a period equivalent to near-permanent occupation, without transferring ownership, typically extending beyond the conventional lease durations. This arrangement is common in commercial developments such as Waterfall City and on certain traditional land or state land.

In terms of the Leases of Land Act 18 of 1969 long term leases are permissible. Long term leases are described in section 1(2) of the Act as :

"[𝘈] 𝘭𝘦𝘢𝘴𝘦 𝘰𝘧 𝘭𝘢𝘯𝘥:

(𝘢) 𝘦𝘯𝘵𝘦𝘳𝘦𝘥 𝘪𝘯𝘵𝘰 𝘧𝘰𝘳 𝘢 𝘱𝘦𝘳𝘪𝘰𝘥 𝘰𝘧 𝘯𝘰𝘵 𝘭𝘦𝘴𝘴 𝘵𝘩𝘢𝘯 10 𝘺𝘦𝘢𝘳𝘴; 𝘰𝘳

(𝘣)𝘦𝘯𝘵𝘦𝘳𝘦𝘥 𝘪𝘯𝘵𝘰 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘯𝘢𝘵𝘶𝘳𝘢𝘭 𝘭𝘪𝘧𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘭𝘦𝘴𝘴𝘦𝘦 𝘰𝘳 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯 𝘮𝘦𝘯𝘵𝘪𝘰𝘯𝘦𝘥 𝘪𝘯 𝘵𝘩𝘦 𝘭𝘦𝘢𝘴𝘦; 𝘰𝘳

(𝘤) 𝘸𝘩𝘪𝘤𝘩 𝘪𝘴 𝘳𝘦𝘯𝘦𝘸𝘢𝘣𝘭𝘦 𝘧𝘳𝘰𝘮 𝘵𝘪𝘮𝘦 𝘵𝘰 𝘵𝘪𝘮𝘦 𝘢𝘵 𝘵𝘩𝘦 𝘸𝘪𝘭𝘭 𝘰𝘧 𝘵𝘩𝘦 𝘭𝘦𝘴𝘴𝘦𝘦 𝘪𝘯𝘥𝘦𝘧𝘪𝘯𝘪𝘵𝘦𝘭𝘺 𝘰𝘳 𝘧𝘰𝘳 𝘱𝘦𝘳𝘪𝘰𝘥𝘴 𝘸𝘩𝘪𝘤𝘩 𝘵𝘰𝘨𝘦𝘵𝘩𝘦𝘳 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘧𝘪𝘳𝘴𝘵 𝘱𝘦𝘳𝘪𝘰𝘥 𝘰𝘧 𝘵𝘩𝘦 𝘭𝘦𝘢𝘴𝘦 𝘢𝘮𝘰𝘶𝘯𝘵 𝘪𝘯 𝘢𝘭𝘭 𝘵𝘰 𝘯𝘰𝘵 𝘭𝘦𝘴𝘴 𝘵𝘩𝘢𝘯 10 𝘺𝘦𝘢𝘳𝘴.”

While ownership remains with the lessor, the lease is registrable in the Deeds Office in terms of section 77 of the Deeds Registries Act 47 of 1937 if it exceeds ten years. Once registered, it becomes a real right, binding third parties and affording the lessee substantial security and tradability. The lessee may often erect buildings, sublet, or even sell their leasehold interest, subject to the terms of the lease.

These leases are attractive for developers and buyers because they often reduce upfront land costs and avoid transfer duty. However, buyers must exercise caution as they are not acquiring ownership, and the reversion of rights at the end of 99 years may raise legal and financial implications for successors as the 99- year lease would need to be renewed after the 99 year period.

Although legally valid, 99-year leases can raise some legal concerns. However this model also challenges conventional ideas of 'ownership' in the public’s mind, making it essential for conveyancers to clearly explain the implications to clients.

Click on the link below to view our MCQuickGuide:
https://mcvdberg.blob.core.windows.net/guides/QuickGuide%20-%20with%20cover%20page.pdf