Property and Real Estate

Commercial Property & Real Estate

Commercial property and real estate transactions are often central to business operations and long-term investment strategies, requiring careful structuring and ongoing legal oversight.

Ebersöhns advises on a wide range of commercial property and real estate matters throughout South Africa, including acquisitions, leasing, development and specialised property rights such as life rights arrangements.

Our focus is on ensuring that property arrangements are structured in a manner that is legally sound, commercially effective and aligned with our clients’ broader objectives.

Our Approach

We adopt a commercially focused approach to real estate matters, recognising that property transactions are often central to broader business operations and investment strategies.

We work closely with our clients to:

• Structure transactions and leasing arrangements appropriately
• Identify and mitigate legal and commercial risks
• Ensure enforceability of contractual arrangements
• Provide clear advice in both transactional and contentious matters

Our Services

Ebersöhns advises on all aspects of commercial property and real estate in South Africa, providing legal support across the full lifecycle of property ownership, development, leasing and dispute resolution.

Our services include:

Acquisitions and Disposals

• Advising on the acquisition and disposal of commercial property
• Drafting and negotiating agreements of sale
• Conducting legal due diligence investigations
• Advising on title conditions, servitudes and real rights

Commercial Leasing

• Drafting and negotiating commercial lease agreements (retail, office and industrial)
• Advising landlords and tenants on lease structures and obligations
• Advising on rental structures, escalations and turnover-based rentals
• Advising on lease renewals, variations and extensions
• Reviewing and updating lease portfolios

Development and Construction

• Advising on property development structures and projects
• Drafting and negotiating development agreements
• Advising on construction and contractor agreements
• Structuring joint ventures for property development
• Advising on land use, zoning and planning considerations

Dispute Resolution and Litigation

• Acting in disputes arising from commercial property transactions
• Advising on breach, cancellation and enforcement of agreements
• Acting in commercial lease disputes between landlords and tenants
• Representing clients in High Court litigation and private arbitrations
• Advising on disputes relating to development and construction projects

Evictions and Enforcement

• Instituting and defending eviction proceedings
• Advising on lawful eviction processes and compliance requirements
• Enforcing landlord rights under commercial leases
• Recovering rental, damages and related claims
• Advising on cancellation of leases and repossession of premises

Finance and Security

• Advising on property-related finance arrangements
• Drafting and reviewing mortgage bonds and security agreements
• Advising on cessions, pledges and notarial bonds
• Advising on enforcement of security
• Assisting with refinancing and restructuring of property finance

Life Rights and Retirement Schemes

• Structuring life rights arrangements
• Drafting and reviewing life rights agreements
• Advising developers and operators of retirement and lifestyle estates
• Advising purchasers on rights, obligations and risks
• Ensuring compliance with applicable regulatory frameworks

Notarial Work and Registrable Rights

• Drafting and registering notarial deeds
• Drafting and registration of long-term leases (including notarial leases exceeding 10 years)
• Drafting and registration of servitudes and real rights
• Advising on and preparing sectional title registers and schemes
• Drafting and registering exclusive use area rights
• Advising on real rights in property developments and mixed-use schemes
• Notarial authentication of property-related agreements
• Advising on enforceability and registration of rights against title

Property Management and Portfolios

• Advising property managers and portfolio owners
• Drafting and reviewing property management agreements
• Advising on multi-tenant and large-scale property portfolios
• Assisting with operational risk management
• Advising on compliance with applicable property laws

Structuring and Investment

• Structuring property holding entities and investment vehicles
• Advising on joint ventures and co-investment arrangements
• Drafting shareholder and investment agreements
• Advising on property portfolio structuring
• Coordinating with financial and tax advisors on transaction structuring

Transfers and Conveyancing Oversight

• Attending, managing and overseeing property transfers
• Coordinating with conveyancers and related professionals
• Advising on subdivision and consolidation of property
• Assisting with registration-related processes and requirements

Residential Property & Real Estate

Ebersöhns advises on all aspects of residential property and real estate in South Africa, providing legal support to homeowners, investors, landlords, tenants and developers.

Our services cover the acquisition, ownership, leasing and management of residential property, as well as dispute resolution and enforcement of rights.

Acquisitions and Disposals

• Advising on the purchase and sale of residential property
• Drafting and reviewing agreements of sale
• Conducting legal due diligence
• Advising on title conditions, servitudes and real rights
• Advising on risks associated with residential property transactions

Dispute Resolution and Litigation

• Acting in disputes arising from residential property transactions
• Advising on breach and cancellation of agreements of sale
• Representing clients in property-related litigation
• Advising on disputes involving homeowners’ associations and sectional title schemes
• Assisting with alternative dispute resolution where appropriate

Evictions and Enforcement

• Instituting and defending eviction proceedings
• Advising on compliance with applicable eviction legislation
• Enforcing landlord rights under residential leases
• Recovering rental and related claims
• Advising on cancellation of leases and repossession of property

Leasing and Rental

• Drafting and reviewing residential lease agreements
• Advising landlords and tenants on lease terms and obligations
• Advising on rental structures, deposits and escalation provisions
• Advising on lease renewals, termination and disputes
• Assisting with management of rental portfolios

Notarial Work and Registrable Rights

• Drafting and registering notarial deeds relating to residential property
• Drafting and registration of long-term residential leases
• Drafting and registration of servitudes and real rights
• Advising on enforceability and registration of rights against title
• Notarial authentication of property-related agreements

Sectional Title and Community Schemes

• Advising on sectional title schemes and governance
• Drafting and reviewing sectional title documentation
• Advising on exclusive use areas and rights
• Assisting trustees, body corporates and homeowners’ associations
• Advising on compliance with sectional title legislation

Transfers and Conveyancing Oversight

• Managing and overseeing residential property transfers
• Coordinating with conveyancers and related professionals
• Advising on transfer processes and timelines
• Assisting with subdivision and consolidation of residential property
• Advising on registration requirements and processes

Property Structuring and Estate Planning

• Advising on structuring ownership of residential property
• Assisting with property holding structures
• Advising on co-ownership arrangements
• Supporting estate planning considerations relating to property
• Coordinating with tax and financial advisors where required