Conveyancing and Transfers
Careful, practical and methodical assistance with property transfer and registration matters in Cape Town.
Conveyancing
Buying or selling immovable property is one of the most significant transactions most people will ever enter into. It is not simply a financial process. It is also a legal process that requires strict compliance with formalities, timelines, financing conditions, municipal requirements and registration procedures.
At Spence Attorneys, we assist clients with conveyancing and transfer matters in a careful, practical and methodical way. We act in ordinary residential transfers, sectional title transfers, deceased estate transfers, donation transfers and selected non-routine conveyancing matters. We understand that clients want the matter handled properly, and they want to know what is happening. We therefore place real emphasis on communication, clear guidance and orderly process management.
Conveyancing matters frequently involve more than the signing of an offer to purchase. They may involve title deed conditions, special contractual clauses, FICA compliance, bond cancellation, bond registration, municipal clearances, rates issues, compliance certificates, occupational rent, outstanding levies, estate administration requirements or delays caused by third parties. A mistake made early in the transaction can cause delay, increased cost or unnecessary disputes later.
For that reason, legal advice at the right stage matters. Whether you are a seller, purchaser, executor, investor, developer or estate agent, it is important that the transaction is structured correctly from the start and followed through with proper care until registration is achieved.
Our services include
- Residential property transfers
- Sectional title transfers
- Transfers from deceased estates
- Donation transfers
- Transfers arising from divorce or settlement arrangements
- Review and drafting of sale agreements
- Guidance on FICA and compliance requirements
- Advice on title conditions and practical transfer risks
- Liaison with estate agents, bond attorneys and cancellation attorneys
- Assistance with non-standard or more complex conveyancing matters
When to get advice
It is wise to obtain legal advice before signing an offer to purchase where possible, particularly if the matter involves a deceased estate, a company or trust seller, foreign parties, special conditions, building alterations, occupation issues, tenants, title restrictions, servitudes, delays in finance, or uncertainty regarding the condition or legal status of the property.
Why clients instruct Spence Attorneys
Clients instruct our firm because they want a personal and considered service. Property transactions often involve substantial sums, firm deadlines and pressure from multiple parties. We aim to keep the process orderly, transparent and properly documented. We also understand that a conveyancing transaction is often only one part of a wider legal and commercial picture, and we are able to advise with that broader context in mind. We act in property matters across South Africa, with our offices based in Pinelands, Cape Town.
Frequently asked questions
How long does transfer usually take?
The timing depends on the terms of the transaction, the speed of bond approval, bond cancellation, rates clearance, compliance certificates and the readiness of all parties. Some matters move quickly, while others take longer due to factors outside the conveyancer's control.
Can transfer proceed if there is still a bond over the property?
Yes. In many ordinary sales, the seller's existing bond is cancelled simultaneously with registration of transfer.
What documents are usually needed for FICA?
That depends on whether the client is an individual, company, trust or other entity. Identification, proof of address and supporting entity documents are commonly required.
What is an estate transfer?
That is a transfer arising from a deceased estate. The process differs from an ordinary sale and must be aligned with the administration of the estate.
Do you assist with the offer to purchase?
Yes. We assist with reviewing, drafting and advising on sale agreements and related clauses.
What happens if there is a dispute about occupational rent or occupation date?
That depends on the wording of the agreement and the surrounding facts. Early legal advice is important to avoid the dispute escalating.