About LK Attorneys
Decades of experience
We offer meticulous handling of residential, commercial, and sectional title transfers, ensuring a seamless process with the support of advanced digital systems for efficiency.
LK Attorneys is a trusted property law firm specializing in conveyancing and property law services for investors and homeowners across South Africa. With a commitment to excellence, efficiency, and personalized service, we streamline property transactions while ensuring legal compliance and peace of mind.
Our experienced team leverages advanced technology and industry expertise to provide seamless transfer processes and comprehensive property law solutions tailored to our clients’ needs.
Our team
Meet the people who get the job done
Leandri Schoonwinkel
Founding Partner
Suné du Plessis
Associate: Conveyancing
Malika Allie
Associate: Conveyancing
Serisa Mahabir
Financial Manager
Don’t Compromise When It Counts Most
Property Law Experts
With a commitment to excellence, efficiency, and personalised service.
01
Conveyancing
Our team of property attorneys and conveyancers are there to provide expert guidance at every stage of your property transfer.
02
Property Law
Strategic property investment guidance, trust and company structuring, estate planning solutions, dispute resolution.
03
Innovation
Secure electronic signatures, live transfer tracking, intuitive communication platforms, and enhanced compliance systems.
Seamless property transactions, trusted legal expertise.
At LK Attorneys, we collaborate with IGrow Wealth Investments to offer our clients a comprehensive approach to property investment. Through this partnership, our clients gain access to specialized expertise in investment structuring, ensuring their property portfolios are strategically designed for long-term success. IGrow Wealth Investments provides tailored tax-efficient solutions that help maximize returns while maintaining compliance with legal and financial regulations.
Beyond structuring and tax planning, IGrow Wealth Investments offers in-depth portfolio strategy and comprehensive investment guidance. Whether you’re a first-time investor or expanding your property portfolio, their expert insights and data-driven approach empower you to make informed decisions. Together, LK Attorneys and IGrow Wealth Investments provide a seamless experience, ensuring that every aspect of your property journey is handled with precision and professionalism.
frequently asked questions
Rates Clearance Costs
When a seller sells a property, they must get a Rates Clearance Certificate (RCC) from the local municipality. This certificate confirms that all municipal charges (like water, electricity, refuse, and sanitation) are fully paid. The seller’s conveyancers will apply to the municipality using a prescribed form to find out how much needs to be paid to obtain the RCC. What the council examines is the arrears on a property over the previous two years, as well as including an amount to cover the period whilst the transfer is underway normally 2 to 3 months in advance. An additional administration fee is payable for the issue of rates clearance figures, this will depend on the specific Municipality.
Who appoints the Conveyancer?
The Seller chooses the Conveyancing Attorney. The Conveyancer subsequently represents the Seller during the property transfer process, despite the buyer paying the conveyancing fees.
What is Occupational Rental?
“Occupational Rent” by definition, is the amount payable by either party that occupies the property when it is registered in the name of the other party. For example, the Purchaser will pay Occupational Rent to the Seller when they occupy the property before it has been transferred into their name.
I have lost my title deed, what must I do?
The registered owner of the property, with the assistance of the Conveyancing Attorney, will need to file an application with the Deeds Office in terms of the Deeds Registries Act whereby the owner applies for the issuing of a certified copy of the title deed. This document is not “certified” in the ordinary sense, as it will not feature a certification stamp by a Commission of Oaths. Instead, it will feature an endorsement by the Registrar of Deeds confirming that, from the date of issue, the certified copy replaces the original lost or misplaced title deed.
What are suspensive conditions?
A suspensive condition is a requirement in a contract that must be met for the contract to become valid. If the condition isn’t met, the contract is cancelled. These conditions are important and need to be carefully reviewed. Two common suspensive conditions in property sales are:
- a) Loan approval – The sale depends on the buyer getting a loan for a certain amount by a specific date, though this date can be extended if both the buyer and seller agree.
b) Sale of the buyer’s property – The sale depends on the buyer selling their property by a specified date.
nterest bearing deposit?
Under Section 86(1) of the Legal Practice Act, 2014, all legal practitioners must have a trust account. Section 86(4) allows a trust account to open a separate interest-bearing account to invest any money deposited. The conveyancing attorneys can arrange for the buyer’s deposit to be invested in this type of account, but only if the buyer provides written consent and the required FICA documents.
Can I do my own bond?
A client can apply for a bond either directly through a bank or by using a bond originator. Typically, investors would make use of the services of a bond originator who as a bond originator lets the client receive offers from multiple banks at once, helping them choose the best option. The service of a bond originator is paid by the bank and holds no additional fee for the client.
How do I sign my transfer and bond documents abroad?
It’s not always possible to sign transfer and bond documents in South Africa and a different procedure must be followed. Rule 63 of the High Court Rules and The Hague Convention set out procedures for when documents are signed outside of South Africa. This process is called “authentication of documents” and can be done in these ways:
- Rule 63(2)(e) Procedure: If the documents are signed in Botswana, the UK, Lesotho, Swaziland, or Zimbabwe, they can be signed in front of a Notary Public.
- Apostille Procedure: South Africa is part of the Haque Convention therefore if the country where the document is signed is part of The Hague Convention, the document must:
- Be signed by the signatories.
- Have an Apostille certificate attached to authenticate it.
- Follow the prescribed format of The Hague Convention.
- Be issued and signed by the appropriate authority in that country.
- Rule 63 Procedure: For documents signed in other foreign countries, they must:
- Be signed by the signatories.
- Have a certificate of authentication attached, signed by:
- The head of the South African diplomatic or consular mission.
- A South African diplomat or consular officer abroad.
- A government official responsible for document authentication in that country.
- A UK consular official.
Can someone sign on my behalf?
Yes, there is two options available:
1. “Special Power of Attorney.” It is commonly used for property and notarial matters. This type of power gives the agent limited authority to perform one specific action in a single transaction. For example, it can allow the agent to sign transfer, bond, or notarial documents on behalf of the principal. The Special Power of Attorney ends once the action is completed and doesn’t need to be registered in the Deeds Office. It is a helpful tool to consider should stay abroad just be careful each bank has got their own requirement regarding these SPA.
2. “General Power of Attorney” are in effect a bundle or collection of special powers of attorney set out in a single document. It contains an authorisation to perform various acts. When dealing with immovable property it must be registered in the deeds registry. If you stay abroad and wishes to purchase various properties it is advisable to appoint a person you can trust in South Africa with a general Power of Attorney.
Is compliance with FICA requirements compulsory?
All Attorneys practices are recognised as accountable institutions and is required by law to follow the processes set by the Financial Intelligence Centre (FIC) to protect our operations, ensure compliance, and avoid risks like penalties. In February 2023, South Africa was added to the FATF greylist due to concerns about money laundering and terrorism financing prevention.
Client onboarding and Know Your Customer (KYC) checks are crucial steps in preventing businesses from being used for illegal activities such as money laundering or fraud. By verifying client identities, understanding their business, and assessing risks, we ensure that businesses aren’t unknowingly involved in financial crime. The FIC Act mandates that we perform thorough customer checks before doing any business with clients. This includes verifying their identity, understanding the relationship, and continuously monitoring their activities.
We cannot proceed with any transactions or business relationships until all compliance checks, KYC, and due diligence are completed. This means transfers will be delayed until we receive all necessary documents. Required documents include certified IDs, proof of residence, proof of bank account details, proof of tax registration, and evidence of the source of funds. For legal entities like companies and trusts, additional documents are needed. Compliance with KYC and FIC requirements is mandatory by law.
We Will guide You Every Step Of The Way
We offer meticulous handling of residential, commercial, and sectional title transfers, ensuring a seamless process with the support of advanced digital systems for efficiency. Our experienced attorneys and case managers provide personal attention, maintaining transparent communication every step of the way.
Ask Us Anything, Anytime.
Contact us today for expert advice and seamless property law solutions tailored to your needs.