Simóne Franks
Simóne Franks is a Director in our Real Estate Law practice. Her key specialisations are property related transfers, bonds, notarial agreements and due diligences. Her property spectrum experience includes residential and commercial development agreements and ensuing transfers, commercial bonds, residential bonds, notarial contracts (servitudes, notarial bonds and antenuptial contracts), town planning and land use matters.
About Simóne
About Simóne
Simóne has been a Director in our Real Estate practice since 2002. She has been a Notary Public Examiner at the Legal Practice Council since 2003 and was the joint regional notarial examinations facilitator from 2009 to 2019.
Credentials
Credentials
Education
- Registered with the Legal Practice Council
- BA, University of the Western Cape
- LLB, University of the Western Cape
- LLM, University of Cape Town
- PGDip (Tax), University of Cape Town
- Year of admission as an attorney: 1996
- Year of admission as Conveyancer and Notary Public: 1998
Languages
Languages
- English
About Simóne
Simóne has been a Director in our Real Estate practice since 2002. She has been a Notary Public Examiner at the Legal Practice Council since 2003 and was the joint regional notarial examinations facilitator from 2009 to 2019.
Credentials
Education
- Registered with the Legal Practice Council
- BA, University of the Western Cape
- LLB, University of the Western Cape
- LLM, University of Cape Town
- PGDip (Tax), University of Cape Town
- Year of admission as an attorney: 1996
- Year of admission as Conveyancer and Notary Public: 1998
Languages
- English
Experience
Extensive experience in conducting due diligences in respect of all properties for developers and advisory clients
Extensive experience in conducting due diligences in respect of all properties for developers and advisory clients to determine if there are any restrictive conditions that affect the properties in question. Our in-depth review of the properties would include confirmation of ownership, deeds office searches and behind the pivot searches to assess and determine all conditions, servitudes, limited real rights, encumbrances and endorsements against the property. We would also in the process consider leases and any other notarial contract registered against the property. Our mandate includes assessing surveyor general diagrams and the identity of the property, confirming its extent and whether deduction have been properly made against the property. We also advise on the zoning and whether any land claims or expropriations are applicable. Our searches include property in South Africa located across all deeds office jurisdictions.
Acting on behalf of developers in respect of township planning, servitude agreements and residential and commercial property transactions
Acting on behalf of developers in respect of township planning, bulk and phased housing developments (one of which hails from inception in 2010 wherein over 2000 end transfers have been registered), servitude agreements and residential and commercial property transfers.
Extensive experience in preparing due diligence reports
Extensive experience in preparing due diligence reports in relation to Public Law, Compliance and Regulatory law, Admin Law, and Public Law in relation to property transactions.
Advising clients on agreements and legislation affecting their property portfolios.
Acting on behalf of a corporate to develop land by means of a 99 year leasehold structure as opposed to freehold, which is not commonplace in South Africa.
Registration of residential, commercial, industrial and notarial bonds for various banks and lending companies.
Registration of residential, commercial, industrial and notarial bonds for various banks and lending companies.
Advising clients on agreements and legislation affecting their property portfolios.
Advising clients on agreements and legislation affecting their property portfolios.
Drafting Homeowners Constitutions for developments.
Drafting Homeowners Constitutions for developments.
Drafting newsletters and presenting seminars on property-related issues.
Drafting newsletters and presenting seminars on property-related issues.
Major corporate clients
Major corporate clients include: the TUHF Limited, Business Partners Limited, Business Partners Properties 002, The Standard Bank of South Africa Limited Commercial Property Finance, Investec Bank, Atterbury Property Developments, Commercial Dynamics, City of Cape Town, Alderwood Trading 53, Meshco, Model Homenet, Pam Golding, Communicare, Blue Dot Properties 69 and Oceana.
News
Whose commission is it anyway?
In City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023) ZAWCHC 426 (13 December 2024), the court was called upon to determine which estate agency, City...
Transparency and co-operation should be the first steps in resolving real estate disputes
On 9 December 2024, the Supreme Court of Appeal (SCA) handed down judgment in The Body Corporate of San Sydney v Shivani Singh and Others (779/2023) ZASCA 169 (9 December 2024) in...
The Preservation and Development of Agricultural Land Bill: Where to next?
For decades, the primary piece of legislation influencing agricultural land development has been the Subdivision of Agricultural Land Act 70 of 1970 (Act). The Act was repealed by...
Alternatives to purchasing immovable property in South Africa
Despite the failure by Parliament to successfully pass the Constitution Eighteenth Amendment Bill, 2021 (the Bill), aimed specifically at making provision for land expropriation without...
A look at some practical implications of POPI on the Real Estate industry
Each person has a constitutional right to privacy. This includes the right to have personal information safeguarded by a person entrusted with such information. On 1 July 2020 substantive provisions...
Market recognition
- The Legal 500 EMEA 2021 - 2025 recommended Simone in real estate.
Market recognition
- The Legal 500 EMEA 2021 - 2025 recommended Simone in real estate.
Expertise
Real Estate Law
We have over 150 years of experience providing practical and insightful real estate legal expertise.
Commercial Real Estate
Our team is renowned for offering consistently sound real estate advice and expertise to commercial clients.
Agriculture, Aquaculture & Fishing
We use our expertise across our disciplines to support our clients' growth and sustainability in the agriculture, aquaculture, and fishing sectors.
Consumer Goods, Services & Retail
Our multidisciplinary team provides innovative, practical and commercial advice to help our clients achieve their objectives.