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CONVEYANCING

Most simply defined, Conveyancing is a process whereby immovable property (an Erf, flat, residence, small holding or farm) is transferred from one person or company to another. This process involves the drafting of a new title deed in the name of the purchaser together with other documents which have to be lodged and registered in a Deeds Office. These documents can only be drawn by a conveyance. A conveyancer is an attorney who has knowledge of the Deeds Registries Act, The Sectional Titles Act and other issues pertaining to Conveyancing.

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The purchase of a new home can be both exciting and complicated experience, especially if are a first time buyer.
Conveyancing is one of the areas of law that our firm specialises in. Our conveyancing team have committed themselves to give of their best at all times, always balancing the needs of both the seller and the purchaser. Our team has extensive specialised and up to date training .
We offer services in the registration of transfers and bonds, the cancellation of existing bonds, applications for endorsement of existing title deeds, the recording of contracts in respect of sale of land in installments, the opening of a sectional title register, sectional title transfers and much much more….
Speak to us regarding the Conveyancing, we will assist you in making your experience a memorable one.

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ANTENUPTIAL CONTRACTS

Why is a marriage contract necessary?

When wrapped up in the excitement of planning a beautiful wedding and the future together, it is safe to assume that legal matters such as a marriage contract will not exactly be your top priority. Couples are often reluctant to discuss the issue of an antenuptial contract (ANC) because they fear that talking about the possibility of divorce even before the marriage will spoil the air of romance and love.

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But… It is in the best interest of both intended spouses to discuss this issue timeously to ensure that they both get what they want as far as their collective financial future is concerned. The contract serves to clarify, formalize and give legal force to the intentions of the couple.

When should we start?

In order to ensure that your contract is drawn up and registered with the Deeds Office before your wedding date, it is important that you and your fiancee consult an attorney at least three months before the wedding date. The contract should be lodged in the Deeds Office prior to marriage.

What should be in our contract?

You and your fiancee need to confirm the manner whereby your financial affairs will be conducted. In particular, you should decide whether you wish to share in each others profits and losses and to what extent.

There are in essence two possible scenarios in which an ANC be entered into:

1) Out of community of property with the application of the accrual system.

2) Out of community of property without the application of the accrual system.

What happens if we do not enter into a contract?

It is important to note that where a couple does not enter into an ANC, they will be married in community of property, which means they will have only one shared estate. They will share in each other’s profits and losses.

This means that a creditor who has a claim against both or either one of you for the recovery of a debt, can sue and recover against both or either of you as they choose.

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DRAFTING OF CONTRACTS

Agreements can be concluded orally resulting in your rights not being protected in the event of a dispute arising. It is always advisable to record a contract in writing to ensure that your rights are clearly entrenched in the event of the party defaulting. We draft contracts to leases, loans, services rendered, sale of property, shares or member’s interest, including ANC’s.

MEDIATION

Mediation as a concept is not a new one. It has been utilized extensively in both pre- and post-apartheid South Africa and featured prevalently in both the political and labour law spheres during the struggle. African culture is also steeped in a tradition of family and neighbourhood mediation.

Today, mediation is one of the most successful tools available in the conflict resolution space. As an alternative to the protracted and costly litigation process, our society has seen a slow but steady shift towards a conflict resolution method that has one of the highest success rates internationally.

In a local context and with the enactment of Rule 41A, South Africa as a nation has placed its feet firmly onto the road marked Mediation.

FAMILY LAW – DIVORCE

The decision to proceed with a divorce can be the most traumatic decision in any family’s life, not only for the spouses but also for the children. We advice and assist in divorce proceedings to ensure that the best interests of the children are protected and the communal assets are divided correctly according to the matrimonial property system, which was chosen upon entering the marriage. The recent establishment of the Central Divorce Courts have ensured easier access for the public to courts and allow simpler and more expeditious divorces. We assist in the negotiations between the parties and drafting settlement agreements to ensure that long drawn out trials are avoided.

WILLS & ADMINISTRATION OF DECEASED ESTATES

Wills:

When you consult an attorney about an ANC, it would be a very good idea to also discuss the issue of a Will. Chances are you will want to rethink your existing Will or, you do not have one at that stage, draft a Will that will properly protect and provide for your spouse and family at the time of your death.

PERSONAL & PUBLIC LIABILITY INCLUDING MEDICAL NEGLIGENCE

There are many different types of personal injury claims that we can assist you with. To name but a few: defamation; should you slip/trip and fall and hurt yourself in a public area or building; dog bite; shooting incidents; any damage or injury caused to your body or mind by another person.

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There is a duty in South Africa of care that organisations owe to the general public. This duty extends from the highest rungs of governmental organisations including the police force, local authorities to train stations, shopping centres and amusement parks. Should any organisations failure to ensure a safe environment for the public result in injuries being sustained by individuals, we will be able to advice you of the correct action, if any, to take.

Our firm has many years experience in various personal injury claims and we are able to give you advise quickly and efficiently and at no initial cost to yourself, as to the extent of your claim and the viability and cost implications of proceeding with a claim.

Medical Negligence – There is a growing awareness in South Africa of the unfortunate fact that many medical practitioners, hospitals and pharmacists do not offer the correct medical assistance to a patient, often causing devastating results for both the patient and their families. With years of experience in personal injury law, we are able to investigate the practice of the treating doctors and ensure that the action is brought for damages sustained by the patient.

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DEBT COLLECTION

Collections and recovery of Debt.

Soft Collection Call Centre.

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