The sale of immovable property is regulated by Alienation of land Act 68 of 1981 (Herein referred to as ‘the Act’).
In terms of section 1(1)(i), The word “alienate”, in relation to land, means sell, exchange or donate, irrespective of whether such sale, exchange or donation is subject to a suspensive or resolutive condition, and “alienation” has a corresponding meaning.
In terms of Section 2(1) of the act, “No alienation of land after the commencement of this section shall, subject to the provisions of section 28, be of any force or effect unless it is contained in a deed of alienation signed by the parties thereto or by their agents acting on their written authority”
The law of contact is applicable in alienating land. A contract is defined as an agreement between parties that is aimed at creating a legal obligation. Accordingly, in order for a contract to be valid, the following requirements, inter alia, need to be met:
1. The parties entering into an agreement must have the capacity to do so
2. The agreement must be lawful
3. It must be possible for the parties to perform in terms of the agreement
4. There must be an agreement between the parties as to the terms of the agreement
When property is disposed of by means of an affidavit, it is not compliant with the act as well as the law of contract in that:
a) Section 6 of the Act lays out the terms that must be included in the deed of alienation of land, which are not contained in an affidavit, therefore, disposal of property by means of affidavit is unlawful.
b) The arrangement contained in an affidavit is unilateral, there is no actual agreement between the buyer and the seller.
Before you make payment to anyone who is alleged to be selling you an immovable property, ensure that the agreement is lawful.
Should you have any queries, don’t hesitate to contact us.
