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

Middle Lusutfu Hydropower 

CDH represented Middle Lusutfu Hydropower in the development, financing, construction and operation of the Lower Maguduza Hydro Power Scheme.

In addition to drafting and negotiating the power purchase agreement to be concluded with the utility, Eswatini Electricity Company, we have also drafted and negotiated the lease, servitude and wayleave agreements to be concluded with Early Harvest Farming (Pty) Ltd (a private land owner) as well as the office of the King of Eswatini in respect of Crown Land and Swazi Nation Land.  The scheme is a circa 13.5MW hydro-electric generation facility to be located in Swaziland and is valued at 700 million Emalangeni.

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.  

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.  

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.  

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.  

First National Bank

Cliffe Dekker Hofmeyr is currently on the following panels which fall under the greater FirstRand Bank Limited group: First National Bank Commercial Property Finance, FirstRand Mortgage Company (RF) Pty Ltd, FNB Mortgage Loans (RF) Limited and the new Lehae Programme (RF) panel. We oversee the registration of various home loans as well as complex commercial property finance loans.

Cliffe Dekker Hofmeyr has represented First National Bank on various property security agreements and subsequent registrations.  Our South Africa-based real estate team has advised FNB on the preparation of loan documentation and securities registration for a ZAR multi-million residential development in Johannesburg.

We also advised on the preparation of loan documentation and various complex security registrations for finance facilities made by FNB to a large South African courier company.

Additionally, Cliffe Dekker Hofmeyr also represents Rand Merchant Bank, another division of FirstRand Bank Limited. Our South Africa-based real estate team advises Rand Merchant Bank on numerous high worth loans and associated complex mortgage/notarial bond registrations. Loan values range from ZAR 40 million to over ZAR 400 million for various Rand Merchant clients.  These matters included in-depth research and drafting of legal opinions noting the validity and enforceability of the mortgage and notarial bonds, as well as confirmation of land claims lodged before negotiations commence and come to fruition; thereafter successfully registering the necessary mortgage and notarial bonds in the deed's registries.

 

Investec

Our real estate team advised Investec Bank in connection with the necessary loan documentation and security registrations for a ZAR multi-million mixed-use development which is to be developed in the Melrose Arch area by a prominent developer as well as the massive residential developments by their sister company around the country. Our work on this matter offers further clear proof of our expertise advising clients on the full range of issues arising in connection with sophisticated development projects taking place across South Africa.

The Cliffe Dekker Hofmeyr's Real Estate team has further advised Investec on the preparation of loan documents and security registrations for finance facilities by Investec to a large fuel retailer and the subsequent registration of over 20 mortgages over various fuel sites around the country. We are able to service our clients in all 11 Deeds Registries in South Africa.

Absa Bank Limited

Cliffe Dekker Hofmeyr is currently on the following panels which fall under ABSA: ABSA Bank Limited, Home Obligors Mortgage Enhanced Securities Pty Ltd, Absa Commercial Property Finance, Absa Home Loans 101 (RF) Limited and the Absa Home Loans Guarantee Company (RF) Pty Ltd panels. We oversee the registration of various home loans as well as complex commercial property finance loans.

Our South Africa-based real estate team recently advised ABSA Bank's Corporate and Investment division on a number of notable notarial bonds which needed to be negotiated, drafted, settled and registered as safe and secure General Notarial Bonds while seeing to the necessary cancellation of other associated notarial bonds for ABSA Bank Limited.

Researching and drafting legal opinions in respect of the validity and enforceability of these General Notarial Bonds internationally allowing our client to make a well-informed decision to protect its stakeholders. 

Our Work

Middle Lusutfu Hydropower 

CDH represented Middle Lusutfu Hydropower in the development, financing, construction and operation of the Lower Maguduza Hydro Power Scheme.

In addition to drafting and negotiating the power purchase agreement to be concluded with the utility, Eswatini Electricity Company, we have also drafted and negotiated the lease, servitude and wayleave agreements to be concluded with Early Harvest Farming (Pty) Ltd (a private land owner) as well as the office of the King of Eswatini in respect of Crown Land and Swazi Nation Land.  The scheme is a circa 13.5MW hydro-electric generation facility to be located in Swaziland and is valued at 700 million Emalangeni.

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.  

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.  

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.  

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.  

First National Bank

Cliffe Dekker Hofmeyr is currently on the following panels which fall under the greater FirstRand Bank Limited group: First National Bank Commercial Property Finance, FirstRand Mortgage Company (RF) Pty Ltd, FNB Mortgage Loans (RF) Limited and the new Lehae Programme (RF) panel. We oversee the registration of various home loans as well as complex commercial property finance loans.

Cliffe Dekker Hofmeyr has represented First National Bank on various property security agreements and subsequent registrations.  Our South Africa-based real estate team has advised FNB on the preparation of loan documentation and securities registration for a ZAR multi-million residential development in Johannesburg.

We also advised on the preparation of loan documentation and various complex security registrations for finance facilities made by FNB to a large South African courier company.

Additionally, Cliffe Dekker Hofmeyr also represents Rand Merchant Bank, another division of FirstRand Bank Limited. Our South Africa-based real estate team advises Rand Merchant Bank on numerous high worth loans and associated complex mortgage/notarial bond registrations. Loan values range from ZAR 40 million to over ZAR 400 million for various Rand Merchant clients.  These matters included in-depth research and drafting of legal opinions noting the validity and enforceability of the mortgage and notarial bonds, as well as confirmation of land claims lodged before negotiations commence and come to fruition; thereafter successfully registering the necessary mortgage and notarial bonds in the deed's registries.

 

Investec

Our real estate team advised Investec Bank in connection with the necessary loan documentation and security registrations for a ZAR multi-million mixed-use development which is to be developed in the Melrose Arch area by a prominent developer as well as the massive residential developments by their sister company around the country. Our work on this matter offers further clear proof of our expertise advising clients on the full range of issues arising in connection with sophisticated development projects taking place across South Africa.

The Cliffe Dekker Hofmeyr's Real Estate team has further advised Investec on the preparation of loan documents and security registrations for finance facilities by Investec to a large fuel retailer and the subsequent registration of over 20 mortgages over various fuel sites around the country. We are able to service our clients in all 11 Deeds Registries in South Africa.

Absa Bank Limited

Cliffe Dekker Hofmeyr is currently on the following panels which fall under ABSA: ABSA Bank Limited, Home Obligors Mortgage Enhanced Securities Pty Ltd, Absa Commercial Property Finance, Absa Home Loans 101 (RF) Limited and the Absa Home Loans Guarantee Company (RF) Pty Ltd panels. We oversee the registration of various home loans as well as complex commercial property finance loans.

Our South Africa-based real estate team recently advised ABSA Bank's Corporate and Investment division on a number of notable notarial bonds which needed to be negotiated, drafted, settled and registered as safe and secure General Notarial Bonds while seeing to the necessary cancellation of other associated notarial bonds for ABSA Bank Limited.

Researching and drafting legal opinions in respect of the validity and enforceability of these General Notarial Bonds internationally allowing our client to make a well-informed decision to protect its stakeholders. 

Market recognition

Our Real Estate team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2017–2024 ranked us in Band 1 for real estate.
  • Legal 500 EMEA 2014–2023 recommended us in Tier 1 for real estate.

Market recognition

Our Real Estate team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2017–2024 ranked us in Band 1 for real estate.
  • Legal 500 EMEA 2014–2023 recommended us in Tier 1 for real estate.

Happy Clients

Chambers Global 2024

"Cliffe Dekker Hofmeyr has handled very complex matters for us, always in a meticulous and solution-driven way."

Chambers Global 2024
Chambers Global 2024

"Cliffe Dekker Hofmeyr always deals professionally with any kind of matter. Its responses are quick and issues are resolved as per expectations."

Chambers Global 2024
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