Real Estate Law

Real Estate has been a mainstay of Cliffe Dekker Hofmeyr's practice for more than 150 years. Our real estate team is known for consistently offering our corporate and private clients incisive and practical legal expertise.

Real Estate Law Services

The CDH Real Estate Law team's abilities are multidimensional. Our team has the breadth and depth of expertise on bonds, transfers,township planning, sectional titles, property developments, property financing, subdivisions and consolidations as well as green energy development initiatives. Meet the Cape Town and Johannesburg team behind making our Real Estate Law Practice, the largest in the country.

Real Estate Team May 2022

We act for businesses and private individuals, and our comprehensive real estate services include:

Commercial Property Agreements

  • Development and Development Management Agreements
  • Joint Venture Agreements, Co-owners Agreements and Shareholders Agreements
  • Memorandum of Understanding or Heads of Agreement and Sale Agreements
  • Land Availability Agreements
  • Sale of shares or members interest in property owning company or close corporation Agreements
  • Partition Agreements
  • Agreements for Retirement Villages, Time Share and Share Block Schemes
  • Mixed Use Development Agreements
  • Property Due Diligences
  • B-BBEE Sale and Leaseback Agreements
  • Leasehold Developments

Commercial and Property Structuring

Various kinds of mixed-use developments – all aspects of including financing structure and corporate structuring.

  • Advise on how best to realise a given real estate asset to best commercial effect
  • Advise on most appropriate structure considering land use rights, market demands, funding requirements, flexibility and title deed restrictions
  • Associated advise in respect of tax, environmental, competition, employment and dispute resolution laws

Due Diligence Investigations

Land Use Rights

  • Township establishment
    • Advise on disposal of existing title conditions
    • Conveyancer’s Certificates
    • Co-ordinate township establishment process with municipality
    • Opening townships registers
    • Facilitate proclamation and issue of service certificates required for transfer
    • Extension of township boundaries
  • Subdivisions
  • Consolidations
  • Road closures
  • Rights related to Air space
  • Town-planning Advice and Interpretation of Town-planning Schemes

Leases

  • Bespoke Leasehold Structuring where "leasehold rights" are akin to "ownership rights" for a period
  • Long term leases, extensions and notarial registrations thereof
  • Commercial leases
    • Option to lease
    • Triple net leases
    • Operating cost leases
    • Bespoke leases
  • Residential Lease

Mortgage Bonds

  • Commercial bonds:
    • Act for all major Financial Institutions and attend to Islamic Financing bond work
    • Draft all shareholder and board resolutions  required by borrower and guarantors
    • Draft bond documents including power of attorney as well as related security documents
    • Obtain confirmations in respective of legislative compliance such as applicability of section 34 of The Insolvency Act, Competition Commission approvals, Takeover Regulations and Section 112 and 115 of The Companies Act
    • Aircraft and Maritime bonds
    • Bonds over long term leases and leasehold rights
  • Residential Bonds:
    • Act for all major Financial Institutions and attend to Islamic Financing bond work
    • End user bonds in respect of developments
  • Securitization Bonds:
    • Draft all bond documents including power of attorney as well as related security documents;
    • Cession of securitization bonds

Notarial Work

  • General Notarial Bonds and Special Notarial Bonds
  • Usufructs
  • Servitudes
  • Notarial tie agreements
  • Notarial Cessions
  • Notarial Leases
  • Antenuptial contracts

Owners Associations

  • Advising , drafting, preparing and facilitating approval of constitution of owners' associations
  • Preparing rules, advise on preparation and implementation of architectural guidelines
  • Registering non-profit companies

Real Estate Investment Trusts (REITS)

Sectional Title Developments (all aspects)

  • Advise and draft management and conduct rules for retail, offices, residential and mixed use schemes and obtain Ombud's approval
  • Advise on management structures, exclusive use areas and phasing of development
  • opening of sectional title registers
  • Registration of real rights of extension and exclusive use areas delineated on sectional plans
  • Prepare sale agreements for sales off and on plan
  • Cancellation of sectional plans

Transfers

  • Drafting sale agreements (both commercial and residential)
  • Commercial
    • Transfers from developer to purchaser
    • Letting Enterprises as going concerns
    • Asset for share transfers
    • Intragroup transfers
    • Exchange (land swop) transfers
    • Rectification transfers
    • Partition transfers
    • Auction transfers
  • Residential
    • Transfers from developer to purchaser (bulk and otherwise)
    • Residential transfers
    • Estate transfers

Renewable Energy

  • Have acted as advisors to all parties to these transactions
  • Experience in solar, hydro, wind and biomass projects both in South Africa and Southern Africa
  • Property due diligence
  • Draft and review:
    • Lease Agreements, option to lease agreements
    • Servitudes
    • Bond documentation

Services

Real Estate Law Services

The CDH Real Estate Law team's abilities are multidimensional. Our team has the breadth and depth of expertise on bonds, transfers,township planning, sectional titles, property developments, property financing, subdivisions and consolidations as well as green energy development initiatives. Meet the Cape Town and Johannesburg team behind making our Real Estate Law Practice, the largest in the country.

Real Estate Team May 2022

We act for businesses and private individuals, and our comprehensive real estate services include:

Commercial Property Agreements

  • Development and Development Management Agreements
  • Joint Venture Agreements, Co-owners Agreements and Shareholders Agreements
  • Memorandum of Understanding or Heads of Agreement and Sale Agreements
  • Land Availability Agreements
  • Sale of shares or members interest in property owning company or close corporation Agreements
  • Partition Agreements
  • Agreements for Retirement Villages, Time Share and Share Block Schemes
  • Mixed Use Development Agreements
  • Property Due Diligences
  • B-BBEE Sale and Leaseback Agreements
  • Leasehold Developments

Commercial and Property Structuring

Various kinds of mixed-use developments – all aspects of including financing structure and corporate structuring.

  • Advise on how best to realise a given real estate asset to best commercial effect
  • Advise on most appropriate structure considering land use rights, market demands, funding requirements, flexibility and title deed restrictions
  • Associated advise in respect of tax, environmental, competition, employment and dispute resolution laws

Due Diligence Investigations

Land Use Rights

  • Township establishment
    • Advise on disposal of existing title conditions
    • Conveyancer’s Certificates
    • Co-ordinate township establishment process with municipality
    • Opening townships registers
    • Facilitate proclamation and issue of service certificates required for transfer
    • Extension of township boundaries
  • Subdivisions
  • Consolidations
  • Road closures
  • Rights related to Air space
  • Town-planning Advice and Interpretation of Town-planning Schemes

Leases

  • Bespoke Leasehold Structuring where "leasehold rights" are akin to "ownership rights" for a period
  • Long term leases, extensions and notarial registrations thereof
  • Commercial leases
    • Option to lease
    • Triple net leases
    • Operating cost leases
    • Bespoke leases
  • Residential Lease

Mortgage Bonds

  • Commercial bonds:
    • Act for all major Financial Institutions and attend to Islamic Financing bond work
    • Draft all shareholder and board resolutions  required by borrower and guarantors
    • Draft bond documents including power of attorney as well as related security documents
    • Obtain confirmations in respective of legislative compliance such as applicability of section 34 of The Insolvency Act, Competition Commission approvals, Takeover Regulations and Section 112 and 115 of The Companies Act
    • Aircraft and Maritime bonds
    • Bonds over long term leases and leasehold rights
  • Residential Bonds:
    • Act for all major Financial Institutions and attend to Islamic Financing bond work
    • End user bonds in respect of developments
  • Securitization Bonds:
    • Draft all bond documents including power of attorney as well as related security documents;
    • Cession of securitization bonds

Notarial Work

  • General Notarial Bonds and Special Notarial Bonds
  • Usufructs
  • Servitudes
  • Notarial tie agreements
  • Notarial Cessions
  • Notarial Leases
  • Antenuptial contracts

Owners Associations

  • Advising , drafting, preparing and facilitating approval of constitution of owners' associations
  • Preparing rules, advise on preparation and implementation of architectural guidelines
  • Registering non-profit companies

Real Estate Investment Trusts (REITS)

Sectional Title Developments (all aspects)

  • Advise and draft management and conduct rules for retail, offices, residential and mixed use schemes and obtain Ombud's approval
  • Advise on management structures, exclusive use areas and phasing of development
  • opening of sectional title registers
  • Registration of real rights of extension and exclusive use areas delineated on sectional plans
  • Prepare sale agreements for sales off and on plan
  • Cancellation of sectional plans

Transfers

  • Drafting sale agreements (both commercial and residential)
  • Commercial
    • Transfers from developer to purchaser
    • Letting Enterprises as going concerns
    • Asset for share transfers
    • Intragroup transfers
    • Exchange (land swop) transfers
    • Rectification transfers
    • Partition transfers
    • Auction transfers
  • Residential
    • Transfers from developer to purchaser (bulk and otherwise)
    • Residential transfers
    • Estate transfers

Renewable Energy

  • Have acted as advisors to all parties to these transactions
  • Experience in solar, hydro, wind and biomass projects both in South Africa and Southern Africa
  • Property due diligence
  • Draft and review:
    • Lease Agreements, option to lease agreements
    • Servitudes
    • Bond documentation

Real Estate Lawyers

With a team of over 100 real estate partners, directors, associates, candidate attorneys, secretaries and consultants across Johannesburg, Cape Town, Nairobi and Stellenbosch, our Real Estate Law practice is unmatched in South Africa and Kenya. Our team has the depth of resources to handle large volumes of real estate transactions whatever their size or nature.

Our Real Estate Lawyers

Our Work

Featured

All

Vukile Property Fund

CDH represented Vukile, the leading South Africa-based property holding and investment company.  Our South Africa-based real estate team assisted Vukile with the necessary legal advice and implementation of the disposal of a letting enterprise of 94.5 per cent undivided share in and to Portion 13 (a portion of portion 5) of the Farm Klipspruit 870, also known as Moratiwa Shopping Centre.  Additionally, to this complex transfer advised Vukile on the sale of another letting enterprise situated at erf 608 halfway house extension 41, the remainder of the portion of the farm, Allandale 10, as well as the subsequent transfer of the properties.  

King Air Industria (King Air)

Cliffe Dekker Hofmeyr is representing King Air, a much-anticipated ZAR multi-billion mixed-use development situated on 71 hectares in Cape Town, proximate to the Cape Town International Airport.  King Air is part of the Atterbury Group, a distinguished commercial, industrial, and residential developer in South Africa, the rest of Africa, and Europe.  Our South Africa-based real estate team is regularly called on to advise King Air on a myriad of legal aspects concerning many diverse and changeable elements, ranging from liaising with engineers in the land use department or legal advisers from legal services at the municipality, to finalising the constitution for the property owners' association, drafting of servitudes, and plotting and registering new conditions.

Commercial Dynamics

Cliffe Dekker Hofmeyr is representing Commercial Dynamics, a leading South African based property developer and contractor.  Our South Africa-based real estate team is advising Commercial Dynamics on its on-going development of bulk housing in Mitchells Plain, Cape Town, which commenced in 2010, and in connection with which over 1,000 property transfers and mortgage bonds have already been registered by CDH and is now engaged in the ninth phase of the development.  

Abland; and Game Camp Developments

Cliffe Dekker Hofmeyr is representing Abland, the leading South Africa-based commercial real estate developer; and Game Camp, a joint venture between Abland and Tiber Investments. Our South Africa-based real estate team is advising Abland, which formed a joint venture with Tiber Investments in relation to a mixed-use precinct development called Sandton Gate. Our involvement began with the land assembly process, when we assisted with all the sale agreements and transfers of the properties to Game Camp.  We prepared drafts of the memorandum of understanding before the structure was finalised and the shareholders agreement signed.  We advised Abland on the shareholders agreement.  

Texton Property Fund

CDH is representing Texton Property Fund, the leading South Africa-based diversified property investment fund.  Our South Africa-based real estate team is advising Texton Property Fund on the sale of a letting enterprise and attending to the transfer of Hermanstad Industrial Park in Hermanstad, Pretoria.  

Business Partners

CDH is representing Business Partners, the leading South Africa-based loan providers for viable SMEs in Africa.  Business Partners is a long-term client of the firm, that our team regularly assists with negotiating and drafting of property agreements, registration of transfers and drafting and registration of mortgage and notarial bonds.  Our South Africa-based real estate team is advising Business Partners in respect of two recent matters.  Our team drafted, and advised Business Partners on, agreements in respect of its disposal of certain viable assets to corporates.  

Communicare

Cliffe Dekker Hofmeyr is representing Communicare, the leading South Africa-based social rental company which has a track record of 90 years in providing rental housing to a wide range of tenants, including a large portfolio of social rentals.  Communicare has over 40 properties, with over 3,500 apartments or houses that it owns and manages and has created different entities to manage these different properties.  Goodfind Properties, a wholly-owned subsidiary of Communicare, manages the houses developed for sale or apartments rented at market rates.  Our South Africa-based real estate team advised Communicare and Goodfind Properties in developing its portfolio of houses for sale or apartments rented at market rates.  

Vukile Property Fund

We are representing Vukile.  Our South Africa-based real estate team is advising Vukile on all of its property transaction.  Most recently, we have assisted with the sale of nine letting enterprises.  Our team continues to assist Vukile with all its transactions relating to property.  Since August 2020, we have drafted and advised on eight transactions, relating to the sale of eight letting enterprises in Vukile's portfolio.  

Abland

Cliffe Dekker Hofmeyr is representing Abland (see above).  Our South Africa-based real estate team is advising the Cape Town branch of Abland on a mixed-use Sectional Title Scheme which will have over 90 units of residential, retail and commercial units where over 55 have been sold and construction will be completed by March 2024.  

Satfin Limited

Cliffe Dekker Hofmeyr is representing Satfin, a company registered by continuance under the laws of the Isle of Man.   Our South Africa-based real estate team is advising Satfin in respect of a mortgage bond to be registered.  Our work on this matter will include researching and compiling a legal opinion, negotiating and drafting the necessary agreements and registering a notarial bond to the value of circa US$1.5 million over all moveable assets.  

Our Work

Vukile Property Fund

CDH represented Vukile, the leading South Africa-based property holding and investment company.  Our South Africa-based real estate team assisted Vukile with the necessary legal advice and implementation of the disposal of a letting enterprise of 94.5 per cent undivided share in and to Portion 13 (a portion of portion 5) of the Farm Klipspruit 870, also known as Moratiwa Shopping Centre.  Additionally, to this complex transfer advised Vukile on the sale of another letting enterprise situated at erf 608 halfway house extension 41, the remainder of the portion of the farm, Allandale 10, as well as the subsequent transfer of the properties.  

King Air Industria (King Air)

Cliffe Dekker Hofmeyr is representing King Air, a much-anticipated ZAR multi-billion mixed-use development situated on 71 hectares in Cape Town, proximate to the Cape Town International Airport.  King Air is part of the Atterbury Group, a distinguished commercial, industrial, and residential developer in South Africa, the rest of Africa, and Europe.  Our South Africa-based real estate team is regularly called on to advise King Air on a myriad of legal aspects concerning many diverse and changeable elements, ranging from liaising with engineers in the land use department or legal advisers from legal services at the municipality, to finalising the constitution for the property owners' association, drafting of servitudes, and plotting and registering new conditions.

Commercial Dynamics

Cliffe Dekker Hofmeyr is representing Commercial Dynamics, a leading South African based property developer and contractor.  Our South Africa-based real estate team is advising Commercial Dynamics on its on-going development of bulk housing in Mitchells Plain, Cape Town, which commenced in 2010, and in connection with which over 1,000 property transfers and mortgage bonds have already been registered by CDH and is now engaged in the ninth phase of the development.  

Abland; and Game Camp Developments

Cliffe Dekker Hofmeyr is representing Abland, the leading South Africa-based commercial real estate developer; and Game Camp, a joint venture between Abland and Tiber Investments. Our South Africa-based real estate team is advising Abland, which formed a joint venture with Tiber Investments in relation to a mixed-use precinct development called Sandton Gate. Our involvement began with the land assembly process, when we assisted with all the sale agreements and transfers of the properties to Game Camp.  We prepared drafts of the memorandum of understanding before the structure was finalised and the shareholders agreement signed.  We advised Abland on the shareholders agreement.  

Texton Property Fund

CDH is representing Texton Property Fund, the leading South Africa-based diversified property investment fund.  Our South Africa-based real estate team is advising Texton Property Fund on the sale of a letting enterprise and attending to the transfer of Hermanstad Industrial Park in Hermanstad, Pretoria.  

Business Partners

CDH is representing Business Partners, the leading South Africa-based loan providers for viable SMEs in Africa.  Business Partners is a long-term client of the firm, that our team regularly assists with negotiating and drafting of property agreements, registration of transfers and drafting and registration of mortgage and notarial bonds.  Our South Africa-based real estate team is advising Business Partners in respect of two recent matters.  Our team drafted, and advised Business Partners on, agreements in respect of its disposal of certain viable assets to corporates.  

Communicare

Cliffe Dekker Hofmeyr is representing Communicare, the leading South Africa-based social rental company which has a track record of 90 years in providing rental housing to a wide range of tenants, including a large portfolio of social rentals.  Communicare has over 40 properties, with over 3,500 apartments or houses that it owns and manages and has created different entities to manage these different properties.  Goodfind Properties, a wholly-owned subsidiary of Communicare, manages the houses developed for sale or apartments rented at market rates.  Our South Africa-based real estate team advised Communicare and Goodfind Properties in developing its portfolio of houses for sale or apartments rented at market rates.  

Vukile Property Fund

We are representing Vukile.  Our South Africa-based real estate team is advising Vukile on all of its property transaction.  Most recently, we have assisted with the sale of nine letting enterprises.  Our team continues to assist Vukile with all its transactions relating to property.  Since August 2020, we have drafted and advised on eight transactions, relating to the sale of eight letting enterprises in Vukile's portfolio.  

Abland

Cliffe Dekker Hofmeyr is representing Abland (see above).  Our South Africa-based real estate team is advising the Cape Town branch of Abland on a mixed-use Sectional Title Scheme which will have over 90 units of residential, retail and commercial units where over 55 have been sold and construction will be completed by March 2024.  

Satfin Limited

Cliffe Dekker Hofmeyr is representing Satfin, a company registered by continuance under the laws of the Isle of Man.   Our South Africa-based real estate team is advising Satfin in respect of a mortgage bond to be registered.  Our work on this matter will include researching and compiling a legal opinion, negotiating and drafting the necessary agreements and registering a notarial bond to the value of circa US$1.5 million over all moveable assets.  

Real Estate Law News

More news

Authentication of documents: Back to basics

Have you ever had to sign or legalise documents within South Africa for use abroad, or vice versa? If you have, then you have no doubt experienced the frustration of having same signed or executed only to find out later that the documents are not legally valid for use in the relevant country. We live in an era where many South Africans emigrate or conduct business abroad and the necessity for the correct authentication, legalisation or apostille of documents becomes imperative to avoid any delays.

Pre-emptive rights and property transactions

A pre-emptive right in a lease agreement creates an obligation on the registered owner to offer the property to the lessee first, should the owner decide to sell it. The Deon Nel v Petrus Jacobus de Beer and Another (406/21) ZASCA 145 (26 October 2022) case heard facts which took into account this legal principle.

Charting a course for public land reform through the Land (Amendment) Bill, 2022

Kenya has historically struggled with a major crisis in its public land tenure system. This crisis is known as “ land grabbing ” and is the illegal and irregular allocation of land meant for public purposes to private individuals and corporations. There are many contributors to land grabbing, the main being a legal contributor, that is, the country’s lack of a system for the issuance of certificates of title in respect to public land and land set aside for a public purposes by land buying companies.

Recognition

2017-2023

Chambers Global

Chambers Global 2017-2022 ranked us in Band 1 for real estate.

2014–2022

The Legal 500 EMEA

Legal 500 EMEA 2014–2022 listed us in Tier 1 for real estate.

Chambers Global

Chambers Global 2017-2022 ranked us in Band 1 for real estate.

The Legal 500 EMEA

Legal 500 EMEA 2014–2022 listed us in Tier 1 for real estate.

Happy Clients

Chambers Global 2023

"Cliffe Dekker Hofmeyr team is experienced in this field and provides excellent service no matter the complexity of the matter."

Chambers Global 2023
Chambers Global 2023

"The lawyers are well versed with the economic state and its impact on business decisions."

Chambers Global 2023

‘They offer a full capacity, diverse team that can do big complicated transactions with volume conveyancing as well as smaller transactions. They are able to utilise other experts in the firm to assist with holistic problem solving, as appropriate. They are able to assist you by providing commercial responses, as opposed to academic responses.’

The Legal 500 EMEA 2023

‘I have been working with CDH for the past 15 years and can without hesitation recommend the team under the leadership of Mr Gattoo. The team is dynamic, engaged and active within the industry making them extremely efficient and knowledgeable. We have engaged on a number of what may be deemed as unique / or rather rare situations requiring expert knowledge and CDH never failed to provide the same.’

The Legal 500 EMEA 2023

‘They have extensive experience in the property sector, specifically on M&A/corporate action transactional work as well as in relation to operational requirements.’

The Legal 500 EMEA 2023

‘They are able to immediately understand and carefully advise regarding town planning matters, property agreements, and property litigation. It is a full circle firm for developers and property investors.’

The Legal 500 EMEA 2023