Simóne Franks

Simóne has been a Director in our Real Estate Law & Conveyancing 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.

• 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, 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 in relation to Public Law, Compliance and Regulatory law, Admin Law, and Public Law in relation to property transactions.

• 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.

• Advising clients on agreements and legislation affecting their property portfolios.

• Drafting Homeowners Constitutions for developments.

• Drafting newsletters and presenting seminars on property-related issues.

• 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.

• The Legal 500 EMEA 2021 - 2025 recommended Simone in real estate.