Best Conveyancing Lawyers in Johannesburg

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MOLEFE DLEPU INCORPORATED
Johannesburg, South Africa

Founded in 1995
25 people in their team
Afrikaans
English
Our greatest strengthSince it was founded in 1995 the firm was meant to be a unique space for determined and highly skilled young people aiming to build a career in law. Today our community is a force of excellence, empowerment and progress. Meet our fearless leaders and warriors of the law.OUR...
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...
Bregman Moodley Attorneys Inc
Johannesburg, South Africa

Founded in 1974
50 people in their team
Afrikaans
English
Bregman Moodley Attorneys Inc has been chosen as a winner of a 2019 International Advisory Experts Award in the categories Wills & Estate/Divorce Law services in South Africa.Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the...
Dube Attorneys Inc
Johannesburg, South Africa

English
Dube Attorneys Inc., based in Mbombela, Mpumalanga, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's practice areas encompass criminal litigation, commercial litigation, civil litigation, labour law, administration of deceased estates,...
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....
Joubert Galpin Searle
Johannesburg, South Africa

Founded in 1928
English
Established in 1928, Joubert Galpin Searle has built a reputation as a leading law firm in the Eastern Cape, South Africa. With nearly a century of experience, the firm offers comprehensive legal services across various sectors, including commercial law, conveyancing, employment law, estate...
O'Hagan Attorneys
Johannesburg, South Africa

Founded in 2007
English
O'Hagan Attorneys, established in 2007, is a boutique law firm in South Africa renowned for its comprehensive legal services and personalized client care. The firm offers expertise in areas such as antenuptial contracts, cohabitation agreements, conveyancing, deceased estate administration,...
Maarten Meyer Prokureurs & Mediators
Johannesburg, South Africa

English
Maarten Meyer Prokureurs & Mediators stands as a distinguished law firm in South Africa, offering comprehensive services in various legal domains including family law, real estate law, and mediation. The firm is renowned for its adept handling of complex legal issues, guided by a deep understanding...
Nicole Oosthuizen Inc
Johannesburg, South Africa

Founded in 2021
English
Nicole Oosthuizen Inc., established in 2021 by director Nicole Oosthuizen, is a boutique law firm based in Gqeberha, South Africa. The firm offers a comprehensive range of legal services, including family law, conveyancing, civil litigation, and personal injury claims. Nicole, admitted as an...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON - NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
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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.