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COMMERCIAL,PROPERTY LAW

Commercial property law and property finance requires a thorough understanding of various aspects of our law including land registration and conveyancing, leases, servitudes, construction law, town planning, insolvency, finance and financing structures, mortgage and other securities, company law, the law of contract, the rules of the JSE and taxation.
Leases

These may range from leases for multi-tenanted buildings to triple nett leases for particular financing structures. We have advised tenants and financiers regarding the intricacies of the acquisition of land through “leasehold title” and the financing thereof. We frequently advise prospective tenants regarding potentially onerous terms that may be included in leases. We recognise the diverging interests of landlords and tenants.

Due Diligence

We cannot adequately emphasise the importance of conducting a thorough due diligence investigation before a property is acquired. We are able to investigate all relevant aspects ranging from onerous conditions of title to relevant town planning issues. The conduct of a due diligence investigation is of invaluable assistance in determining appropriate contractual terms for the transaction.

Taxation

Every commercial property transaction gives rise to various taxation issues. Our lawyers have a thorough understanding of transfer duty, value added tax, capital gains tax and income tax in respect of property transactions. Particularly, they are able to draw on the knowledge and expertise of a team of specialist taxation lawyers within the firm. Every commercial property transaction is structured having due regard to the taxation consequences of the transaction.

Fractional Ownership

Fractional ownership is a generic term for various alternative forms of shared property ownership or use. These range from share block schemes to joint ownership in undivided shares. Generally such transactions require careful structuring and scrutiny. We are able to provide advice on the consequences, including the taxation implications, of the various alternative forms of fractional ownership.