The Deed of Sale of Portion of Land is a crucial legal instrument in South African property law, used when selling a specific portion of a larger land parcel. This document type requires careful consideration of various legal requirements, including the Alienation of Land Act, Deeds Registries Act, and local municipal regulations. It's particularly important in development scenarios, farm subdivisions, and urban expansion projects. The deed must include precise property descriptions, subdivision approvals, and various conditions precedent relating to the creation and transfer of the new portion. Unlike a standard property sale, this document type involves additional complexities related to land surveying, diagram approval, and potentially environmental impact assessments. It's essential for property developers, farmers subdividing agricultural land, and property owners seeking to sell part of their land holdings.
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1. Parties: Full details of the Seller and Purchaser including registration/identity numbers and addresses
2. Background: Context of the sale, including brief description of the parent property and intention to subdivide
3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation rules
4. Description of the Property: Detailed description of the portion being sold, including expected measurements and boundaries
5. Purchase Price: The agreed purchase price and payment terms
6. Payment Terms: Details of how and when payment will be made, including deposit requirements
7. Conditions Precedent: Required conditions to be met before the sale becomes final, including subdivision approval
8. Transfer and Registration: Process and timing for transfer of the property
9. Transfer Costs and Charges: Allocation of costs related to transfer, surveying, and registration
10. Possession and Risk: Date of transfer of possession and risk to the purchaser
11. Seller's Warranties: Warranties regarding property ownership, encumbrances, and legal compliance
12. Property Condition: Statement about the condition of the property and any voetstoots provisions
13. Obligations Pending Transfer: Responsibilities of both parties before transfer is completed
14. Breach: Consequences of breach by either party
15. Notices and Domicilia: How formal notices will be given and parties' chosen addresses
16. General Terms: Standard legal provisions including whole agreement, variation, and governing law
1. Agent Commission: Include when a real estate agent is involved in the transaction
2. Electrical Compliance: Include when there are electrical installations on the portion of land
3. Development Obligations: Include when the purchaser must develop the land within specific timeframes
4. Environmental Matters: Include when there are environmental considerations or requirements
5. Existing Tenancies: Include when there are tenants occupying the portion of land
6. Special Conditions: Include when there are unique requirements specific to the transaction
7. Services Infrastructure: Include when dealing with shared services or infrastructure requirements
8. Mineral Rights: Include when mineral rights are relevant to the property
9. Land Use Restrictions: Include when there are specific zoning or usage restrictions
1. Property Description Schedule: Detailed technical description of the portion including diagram and measurements
2. Purchase Price Schedule: Detailed breakdown of the purchase price and payment schedule
3. Subdivision Plan: Draft plan showing how the portion will be subdivided from the parent property
4. Approvals Schedule: List of required approvals and their status
5. Existing Services Schedule: Details of services and infrastructure affecting the portion
6. Outstanding Conditions Schedule: List of conditions still to be fulfilled
7. Title Deed Conditions: Relevant conditions from the parent property's title deed
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