010 025 7000 info@saunderslaw.co.za

LEGAL SERVICES 

Specialist drafting:

We prepare a variety of contracts and legal documents.  Our legal service includes a free consultation to discuss the document, and attending to formal registrations where required.   Some of our drafting includes:

  • Wills;
  • Trust Deeds;
  • Powers of Attorney;
  • Sale, lease and loan agreements;
  • Credit agreements and terms of trade;
  • Suretyship, cessions and other security Deeds;
  • Various business venture contracts

Notarial practice:

Certain documents may only be executed before a Notary Public.  A Notary can also authenticate documents for use internationally.  Our drafting covers notarial documents, which include:

  • Ante-nuptial contracts;
  • Life partnership agreements;
  • Notarial bonds;
  • Ususfructs, servitudes, long-term leases, and other conveyancing documents;
  • Apostilles and Notarial Certificates

Property law and Conveyancing:

Property laws stem from the concept of people having rights in or to objects.  An object may be in the form of a movable item, an immovable piece of land, or even an intangible design of the human intellect.    We offer advice on property rights, which include:

  • Claims in respect of damages to property;
  • Claims for eviction;
  • Landlord and tenant relationship;
  • Ownership disputes and unlawful dispositions

Conveyancing is the category of property law that deals with the registration of ownership in land, or real estate.  The word ‘conveyance’ implies the transfer of peoples’ rights to land.  This usually follows a sale agreement, though there are other forms of land acquisition, such as by an inherence or donation.

Where a financial institution provides a loan to finance a sale, a mortgage bond would be registered over the land, as security for re-payment. On settlement of the home loan with interest, a bond cancellation may follow, where the institution releases the land as its security.  When land is sold with an existing bond, the outstanding bond amount is usually settled out of the proceeds of the sale.

We provide advice on every aspect of the conveyancing process, which is far more involved than the above outline.  Our legal services across the real estate market include:

  • Negotiating and drafting sale agreements for land;
  • Registrations of transfer;
  • Bond registrations and cancellations;
  • Opening township and sectional title registers;
  • Consolidating and dividing land, including agricultural land;
  • Registering notarial documents such as servitudes or long-term leases

Debt recovery and administration:

We offer an effective debt recovery service, ranging from single transaction recovery to commercial and trade hand-overs.   Instructions that do not involve the courts are usually based on a ‘no-collection, no fee’ arrangement with clients.

As outstanding debts may reach the stage where they are no longer enforceable against a debtor, we take immediate action to ensure that creditors’ claims are secured by court order and/or effective re-payments.

We are well versed in the application of the National Credit Act, the Consumer Protection Act, amongst other consumer and credit related legislation, to ensure that compliant and up-to-date recourse is available to creditors.  We also offer obliging debtors advice on appropriate debt review and administration options.

Disputes and Litigation:

We pride ourselves in a proficient litigation practice, which covers both the Magistrates and High Courts.  We carefully consider the merits of every case, and employ expert legal counsel at the junior and senior levels.  We also exercise care in determining whether matters may be effectively resolved outside the courts, through alternative dispute resolution methods.

Our sure-footed approach assures that our clients’ rights are enforced and protected.  We will assess your legal problem and initiate the steps toward your peace of mind.

Family law:

Matters between spouses or involving family members are personal and often intricate. We ensure that matrimonial and related issues are resolved efficiently, confidentially and sensitive to the needs of our client.  Our legal services include:

  • Divorces, both contested and uncontested;
  • Domestic violence and protection orders;
  • Rights of the child;
  • Mediation;
  • Maintenance matters

Criminal law:

We ensure the right to a fair trial in every case, and represent accused persons throughout the course of criminal proceedings, including justified diversions, bail applications, trials and appeals.

Estate planning and administration:

We advise on effective measures to safeguard the interests of dependants and family, during and after death.   We also ensure that the winding up of deceased estates is conducted efficiently and in accordance with statutory requirements.

We are executors in a number of estates and regularly engage with the Master of the High Court.  We also advise on the administration of Trusts, and prepare specific forms of Trusts to meet the needs of private and corporate clients.