Commercial property law and property finance requires a thorough
understanding of various aspects of our law including (in no order of
priority) 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.
We offer specialist advice in relation to all commercial property transactions including:
LAND ACQUISITIONS AND DISPOSALS
These transactions constitute “the bread and butter” of any commercial property law department. Although some transactions may
seem to be relatively straight forward, there are frequently issues to trap the unwary. We strongly urge clients to seek professional
advice regarding all land acquisitions and disposals. Years of experience have taught our lawyers to “see around the corner” enabling
clients to avoid problems before they occur. We are able to assist clients with all property acquisitions and disposals, ranging from
individual properties to entire property portfolios.
COMPANY MERGERS AND ACQUISITIONS
Frequently properties and/or property portfolios are held through companies or other legal entities rendering the merger or acquisition
of such companies to be expedient. Such transactions can give rise to a variety of issues from taxation to employment law. Our
lawyers have extensive experience in mergers and acquisitions of property owning companies.
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.
PROPERTY DEVELOPMENTS
Our clients include major property developers. Our lawyers
have acted in a wide range of property developments including “A” grade office developments, regional shopping centres
and prestigious golf course developments. We provide expert
advice regarding development contracts, development leases,
project management agreements and matters ancillary thereto.
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.
PROPERTY FINANCE
We act both for lenders and borrowers and have a thorough understanding of their commercial and legal requirements. We have
acted in a number of property financing transactions including syndicated loans for purposes of the acquisition of major property
portfolios to be listed on the JSE, typical “bare dominium” financing structures and the financing of property developments and
major industrial projects.
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.
|
