Property transactions look straightforward until they aren't. A lease that doesn't address breach remedies, a transfer that stalls, a landlord who has stopped performing — the gap between what was agreed and what is happening is where we operate.
We act for landlords and tenants in commercial lease disputes — arrear rental, cancellation, eviction and damages — and advise on the remedies, termination mechanics and dispute provisions that matter in practice.
Advice on sale agreements, due diligence and property transactions — with a clear understanding of the process and the risks at each stage.
Evictions, lease disputes, sectional title litigation and contested transfers — backed by our litigation practice when property matters require High Court intervention.
Property transactions are deceptively straightforward until they are not. A commercial lease that does not adequately address remedies for breach, occupation, improvement rights or the landlord's insolvency can become a significant liability. A property transfer that stalls on a defective title is an expensive disruption. We bring the same attention to detail to property work that we apply across the practice — because the disputes that arise from property matters are among the most common we see.
Disputes on commercial, retail and industrial leases — arrear rental, cancellation, eviction, damages and the fights that arise over rental escalations, maintenance obligations, improvement rights, cession and subletting. We act for both landlords and tenants.
Advice on sale agreements, offer to purchase review, due diligence and property transaction structuring — including sales out of liquidated estates, deceased estates and development transactions.
PIE eviction applications for unlawful occupiers, and ejectment proceedings at common law against tenants and other persons who refuse to vacate — for residential and commercial properties, including urgent relief where required.
Sectional title scheme matters, body corporate levy recovery, rule enforcement and disputes between owners, occupants and managing agents under the Sectional Titles Schemes Management Act.
Drafting, registration and enforcement of servitudes, rights of way and other real rights over immovable property — including notarial execution where required.
Contested property transfers, defective title disputes, construction claims under JBCC and NEC contracts, and High Court property litigation — handled by the same team that does the transactional work.
Registration of transfer is attended to by a conveyancer. De Klerk Turner Inc. is not a conveyancing practice — we advise on the transaction, assist you through the process, and brief trusted conveyancing correspondents for registration.
The appointed conveyancer obtains FICA compliance documents from both buyer and seller and conducts identity and source-of-funds verification. The transfer cannot proceed without this step — we make sure our clients arrive prepared.
The conveyancer applies to the relevant municipality for a rates clearance certificate confirming that all rates, taxes and service charges on the property are paid up. For sectional title properties, a levy clearance is also obtained from the body corporate.
Transfer duty is payable to SARS on most residential transfers — it is calculated and paid, and the receipt obtained, before lodgement. Where VAT applies instead (typically in commercial transactions between VAT vendors), we advise on the sale agreement accordingly.
Once all conditions are met and all documents are in order, the conveyancer lodges at the Deeds Office. Registration typically follows within seven to ten working days of lodgement in Cape Town. We stay involved on our client’s behalf until registration.
The rental amount, escalation rate, and whether escalation is fixed or CPI-linked must be clear and unambiguous. Disputes about rental escalation are among the most common commercial lease matters we see in litigation.
Who may occupy the premises, what improvements the tenant may make, whether improvements revert to the landlord, and what happens to tenant fixtures at termination — these provisions are frequently overlooked and frequently contested.
A lease must set out clearly what constitutes breach, what notice is required, and what remedies are available — including the landlord's hypothec over the tenant's movables. Weak cancellation clauses create protracted disputes.
The rule huur gaat voor koop — a lease survives transfer of the property — protects tenants in most circumstances. But a landlord's liquidation can significantly affect a tenant's rights. We advise both landlords and tenants on the insolvency implications of their lease arrangements.
Property disputes that require urgent relief, eviction applications or High Court enforcement are handled by our litigation team.
RelatedNotarial bonds, lease agreements requiring notarial execution and servitudes are handled by our in-house notary public.
RelatedProperty transfers forming part of deceased estate administration are handled seamlessly within the same estate matter.
We act in commercial lease disputes and advise on the lease terms that most often give rise to them, assist with property transactions including sale agreement advice and due diligence, and handle evictions and ejectments, sectional title disputes, and property litigation. Our property work is led by attorneys with litigation experience.
Yes. We act for both landlords and tenants in commercial lease disputes — including arrear rental claims, lease cancellation, evictions, and damages claims. We also advise on the lease terms that most often give rise to disputes.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) governs the eviction of unlawful occupiers of land and buildings in South Africa. It requires a court order for any eviction — no landlord or owner may evict without due process, regardless of whether the occupier was originally lawful. The Act imposes specific notice requirements, time periods and considerations the court must take into account, including the availability of alternative accommodation. We bring and defend PIE eviction applications for residential and commercial properties, including urgent relief where the circumstances require it.
Yes. We act in sectional title matters including body corporate levy recovery, rule enforcement, and disputes between owners, occupants and managing agents under the Sectional Titles Schemes Management Act. Where disputes require High Court intervention — including urgent applications — our litigation team handles those proceedings.
Yes. We draft, register and enforce servitudes, rights of way and other real rights over immovable property. Where notarial execution is required — as it is for notarial bonds and certain servitudes — our in-house notary public handles this without the need for external referral.
Property transfer in South Africa typically takes between six weeks and three months from the date the sale agreement is signed, depending on the complexity of the transaction, how quickly the parties provide the required documentation, how long SARS takes to issue a transfer duty receipt, and the Deeds Office turnaround time. In Cape Town, the Deeds Office typically registers within seven to ten working days of lodgement. We keep all parties updated throughout the process and flag delays as soon as they arise.
Transfer duty is a tax payable to SARS on the acquisition of immovable property in South Africa. It is calculated on the purchase price or market value of the property, whichever is greater, and is payable by the buyer before transfer can be registered. Transfer duty does not apply where the seller is a VAT vendor and the transaction constitutes a taxable supply — in those cases, VAT applies instead. We advise on which tax applies to your transaction and manage the payment process.
The landlord's hypothec is a statutory right that gives a landlord a real security interest over the movable property of a tenant situated on the leased premises, securing unpaid rental. Where a tenant defaults on rental, a landlord can apply to court for an interdict to prevent the tenant from removing their movables, and subsequently apply to have those goods sold in execution to satisfy the rental arrears. The hypothec is a powerful remedy, but it has specific procedural requirements — we advise landlords on how to exercise it correctly.
No. The firm's attorneys are not conveyancers and do not register property transfers or mortgage bonds in the Deeds Office. We advise on sale and lease agreements, litigate property disputes, and assist clients throughout the transfer process, briefing trusted conveyancing correspondents who attend to registration.
