Best Conveyancing Lawyers in Johannesburg

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Hugh Raichlin Attorneys
Johannesburg, South Africa

Founded in 1992
10 people in their team
Afrikaans
English
Hugh Raichlin Attorneys was established in 1992 and enjoys a sound reputation with colleagues and clients. The firm has been successful in a number of reported judgements which have contributed significantly to the development of South African Common Law. At Hugh Raichlin Attorneys, we pride...
Seymore du Toit & Basson Attorneys
Johannesburg, South Africa

Founded in 1990
English
Seymore du Toit & Basson Attorneys, established in 1990, has grown into a prominent law firm with a strong presence in South Africa. With its main office in Nelspruit and branches in Emalahleni, Burgersfort, and Lydenburg, the firm offers a comprehensive range of legal services, including...
SD Law
Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
Vetter Attorneys Incorporated
Johannesburg, South Africa

English
Vetter Attorneys Incorporated, based in Durban, South Africa, is a distinguished law firm specializing in conveyancing and notarial services. Under the leadership of Kate Vetter, an attorney, conveyancer, and notary public admitted in 2007, the firm has been serving the Durban community with...
A & R ATTORNEYS
Johannesburg, South Africa

English
A & R Attorneys, based in Somerset East and Kirkwood, South Africa, offers a comprehensive range of legal services with a particular emphasis on property law. Their experienced conveyancing team is recognized for its proficiency, serving on the attorney panels of three of the four major South...
Dandala Attorneys
Johannesburg, South Africa

English
Dandala Attorneys, located at 18 Eales Street in King William's Town, Eastern Cape, South Africa, is a reputable law firm known for its comprehensive legal services. The firm is staffed by experienced attorneys, including Ivy Ntuntu Dandala, Nothemba Violet Dandala-Pungula, and Siphiwo Dandala, all...
Hough Bremner Incorporated
Johannesburg, South Africa

English
Hough Bremner Incorporated is a distinguished law firm based in South Africa, renowned for its comprehensive legal services and commitment to excellence. The firm's team of seasoned attorneys brings a wealth of experience across various legal disciplines, ensuring clients receive informed and...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
DTS Attorneys
Johannesburg, South Africa

Founded in 2006
English
DTS Attorneys, established in 2006 and based in Port Elizabeth, South Africa, is a dynamic law firm specializing in commercial law, conveyancing, property matters, and related legal services. The firm is recognized for its integrity and excellence, offering clients a hands-on approach, personal...
Benaters Attorneys Notaries Conveyancers
Johannesburg, South Africa

Founded in 2009
2 people in their team
English
When in search of attorneys, notaries, and conveyancers in South Africa, look no further than Benaters. Whether you require assistance with property transactions, deceased estates, antenuptial contracts, apostille, or wills, we have the knowledge and skills to guide you through the legal process....
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About Conveyancing Law in Johannesburg, South Africa

Conveyancing refers to the legal process of transferring property ownership from one person or entity to another. In Johannesburg, South Africa, conveyancing is governed by specific regulations and is typically handled by qualified legal professionals known as conveyancers. These are attorneys who have passed the required examinations and are admitted to practice in this field. The conveyancing process involves preparing legal documents, ensuring all conditions of sale are met, and registering the transfer with the Deeds Office. Whether you are buying or selling a home, the process can be complex and requires meticulous attention to detail to ensure the transaction is legally sound and successful.

Why You May Need a Lawyer

There are several circumstances in which you may require assistance from a conveyancing lawyer in Johannesburg:

  • Selling or purchasing residential, commercial, or rural property
  • Registering a bond or dealing with bond cancellations
  • Transferring property due to inheritance, divorce, or as a gift
  • Rectifying errors in property descriptions or title deeds
  • Dealing with disputes over property boundaries or joint ownership
  • Managing the legal aspects of property development
  • Ensuring compliance with legal procedures and avoiding delays
Since property transactions involve large sums of money and long-term commitments, it is crucial to ensure that all legal formalities are correctly observed. A conveyancing lawyer guides clients through every step and helps prevent costly mistakes.

Local Laws Overview

Conveyancing in Johannesburg operates under a legal framework that includes national acts and local municipal bylaws. Some key aspects include:

  • Deeds Registries Act: Governs the registration of property and ensures that title deeds are accurate and up to date.
  • Sectional Titles Act: Applies to ownership of units in complexes or shared properties and outlines processes for registration and management.
  • Transfer Duty Act: Sets out the tax obligations when property changes ownership, which is typically paid by the buyer.
  • Local Municipal Regulations: Include requirements for rates clearance, compliance certificates for electrical or water systems, and clearance of municipal accounts before transfer can take place.
  • Johannesburg Deeds Office: All transfers and bonds must be registered at the local Deeds Office to be valid and enforceable.
Each stage in the conveyancing process is subject to these legal requirements, and failure to comply can result in delays or even challenge the validity of the transaction.

Frequently Asked Questions

What is conveyancing and who can perform it?

Conveyancing is the legal process of transferring property ownership. Only qualified conveyancers - attorneys with a conveyancing qualification - can legally perform conveyancing work and register property transfers in South Africa.

How long does the conveyancing process take in Johannesburg?

On average, property transfers in Johannesburg can take between six to twelve weeks, depending on the complexity of the transaction, bond approval, and clearance certificates.

What costs are involved in conveyancing?

Costs typically include conveyancing attorney fees, Deeds Office registration fees, transfer duty (property tax), municipal rates clearance, and other administrative expenses. Fees are generally guided by a scale set by the Law Society.

Who pays the conveyancing fees - buyer or seller?

In a typical property sale, the buyer is responsible for the conveyancing attorney's fees and associated costs, while the seller is responsible for settling outstanding rates and taxes.

What documents are required for the transfer process?

Key documents include the offer to purchase, Title Deed, proof of identity, marriage certificate (if applicable), bond documents, rates clearance certificate, and compliance certificates.

What is a rates clearance certificate?

A rates clearance certificate is a document from the municipality confirming that a property's municipal accounts are fully paid, which is a legal requirement before transfer can take place.

Can I manage the conveyancing process myself?

No, only an admitted conveyancer may prepare and lodge transfer documents at the Deeds Office. Self-administration is not permitted by law in South Africa.

What taxes are payable on property transfers?

Transfer duty is the main tax payable and is calculated on a sliding scale based on the purchase price, unless the transaction qualifies for an exemption such as a transaction between spouses on divorce.

If buying property with a bond, what additional steps are needed?

Bond documents must be signed and registered at the Deeds Office. The bank will appoint its own attorney to register the bond, but the main conveyancer will coordinate this process.

What happens if there is a dispute in the ownership or boundaries?

A conveyancing lawyer can assist in resolving disputes through mediation, rectification of title deeds, or, if necessary, legal proceedings to clarify ownership or boundary lines.

Additional Resources

If you need further information or assistance regarding conveyancing law in Johannesburg, consider these resources:

  • South African Deeds Office - for registration and search of property titles
  • Law Society of South Africa - for guidance on qualified attorneys and conveyancers
  • Johannesburg Municipality - for rates clearance and compliance certificates
  • South African Revenue Service - for transfer duty queries and tax compliance
  • Legal Aid South Africa - provides support to qualifying individuals
These organizations can provide valuable guidance, documentation, or referrals to qualified legal professionals.

Next Steps

If you are considering a property transaction or require assistance with an existing matter, follow these recommended steps:

  • Gather all relevant documents such as title deeds, identification, and the signed offer to purchase.
  • Consult with a qualified conveyancing attorney as early as possible to understand the process and costs involved.
  • Ask for a detailed breakdown of fees and timelines to plan your transaction effectively.
  • Work closely with your attorney to ensure all legal and municipal requirements are met before transfer.
  • If you encounter disputes or complications, seek legal advice promptly to protect your interests.
Starting the process with professional legal assistance can save time, prevent costly errors, and provide peace of mind throughout the property transfer experience in Johannesburg.

Lawzana helps you find the best lawyers and law firms in Johannesburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Conveyancing, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Johannesburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.