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Free Guide to Hiring a Real Estate Lawyer
Browse our 2 legal questions about Real Estate in South Africa and read the lawyer answers, or ask your own questions for free.
Dear Sir/Madam, Thank you for explaining your situation in such detail; from what you describe there are several possible legal issues, including the terms of your agreement about the building and monthly fee, the new charge for your children to...
Read full answerHello, good morningBased on the information you've provided, it appears your landlord may have violated several of your rights as a tenant. You may have grounds for a "constructive eviction" claim, and the landlord's current actions could be considered harassment.Your...
Read full answerThe real estate industry in Durban, South Africa encompasses the process of buying, selling and renting property. Understanding real estate law can be complex for those who are unfamiliar, as it involves numerous legal processes including property registration, title deeds, conveyancing, and lease agreements. Due to the complexity of these processes, seeking legal advice is often beneficial to avoid potential financial risk and to ensure a smooth, legal transaction.
Legal assistance becomes vital in situations like buying or selling real estate property, managing estates, dealing with tax implications, and resolving landlord-tenant disputes. A lawyer can help you understand the legal terms of a contract and navigate the intricacies involved in property transactions. Legal professionals can also help with zoning laws, disputes between neighbours, and matters pertaining to environmental and structural regulations.
The specific laws that govern property transactions in Durban are based on the Deeds Registries Act 47 of 1937 and the Sectional Titles Act 95 of 1986. For example, these laws specify the processes involved in conveyancing and the registration of rights to immovable property. Additionally, land use and zoning laws regulate what activities may occur on land, how buildings may be constructed, and how land may be developed.
In Durban, disputes often emerge related to boundary, partition of property, rental disputes, and disagreements about repairs and maintenance.
A lawyer can help by conducting due diligence, drafting and reviewing sale agreements, and providing guidance about local real estate laws and regulations.
Yes, lawyers specialising in real estate law can assist with resolution of disputes between landlords and tenants, including eviction and rental disputes.
The Deeds Registries Act 47 of 1937 and the Sectional Titles Act 95 of 1986 govern the buying and selling of property and the processes to be followed in these transactions.
A real estate lawyer can provide advice on zoning laws and can advocate for a client’s interests in hearings and appeals related to zoning decisions.
The South African Property Owners Association (SAPOA) is a noteworthy resource for information about property trends and legal issues. The South African Department of Rural Development and Land Reform also provides useful information, particularly about land tenure and reform initiatives. The Estate Agency Affairs Board (EAAB) is another resource which offers guidelines and high-quality training for estate agents.
If you require legal assistance in real estate in Durban, it's recommended to consult with a lawyer specializing in real estate law. They can provide tailored advice for your situation and guide you through every step of the process, ensuring your interests are legally protected.
Lawzana helps you find the best lawyers and law firms in Durban 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 Real Estate, 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.
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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.
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