Quick law bites...

Here's some interesting facts worth remembering:

Foggerty-Le Roux

1. If a woman assumes a double-barreled name on marriage, a formal change of name application with Home Affairs must be done. A deeds registration therefore cannot be done in this new name without this as the registration needs to follow the details appearing on the person's official green bar-coded ID book.

Partners in crime

2. Partners in a partnership business need to register property in all of the names of the partners and it cannot be in the partnership name.

Marry well

3. Marrying in community of property automatically gives ownership of previously acquired property of one party to them jointly.It is important when marrying to consider the full implications of the way you intend to get married. Check out our marriage page on our website and come in for a full discussion. There is no additional charge on top of the costs of registering an Antenuptial Contract to make sure you have peace of mind.

Yes Sir

4. A sale of agricultural land being sub-divided is not valid unless the consent of the Minister is obtained first. Sales containing a "subject to" clause before the consent of the Minister has been obtained have been ruled in court as invalid. If you are contemplating purchasing sub-divided land or land to be sub-divided, please come and see us to make sure it can be structured legally.

Get a slice of South Africa's sunshine..

5. Foreigners may buy property in South Africa but may not get a bond for more than 50% of the purchase price. The profits of any resale can be taken out, as long as the owner can prove the original source of the funds from outside South Africa. If you have a foreign buyer, one needs to check the buyer's intentions and make sure the right documents are preserved. Foreign companies as purchasers also have special requirements and you can check these with us.

For more info email dave@maclaw.co.za
Dave 083-70333-29
Acknowledgements to SA Deeds Journal Issue 25