About Me

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I am a qualified Attorney. I specialise in Property Law, Commercial Law, Corporate Law and Trusts.
 
Please visit our website at www.prop-law.co.za for more details.
 
I am an elected Committee Member of the Property Committee of the Association of Pretoria Attorneys and through my involvement, I like to ensure that I am constantly at the "sharp-end" of Conveyancing Practice.

I am the elected Chairman on the Gauteng Council of SAPOA. The South African Property Owners Association (SAPOA) is the biggest and most influential institution in the property industry. SAPOA members control about 90% of commercial property in SA, with a combined portfolio in excess of R150 Billion (about $22 Billion). I am also on the National Council and the National Legal Committee of SAPOA.
 
Member of the Institute of Directors South Africa and Member of the Sirdar Governance Panel.

09 October 2014

Competition Commission to revisit exclusivity in lease agreements

Competition Commission to revisit exclusivity in lease agreements

THE Competition Commission is due to revisit the contentious issue of exclusivity in lease agreements between the owners of large shopping centres and anchor tenants after receiving a fresh complaint about the effect of such agreements on competition in the retail market.

This comes after a similar investigation by the commission in 2009 against the major supermarket chains and wholesale retailers. However, at the beginning of this year the commission announced that it did not find sufficient evidence to refer the matter to the Competition Tribunal for further prosecution.

Judges rule for property owners against banks

Judges rule for property owners against banks

After three years, the Moores finally own their house. Again! Six years ago, the Vereeniging couple fell prey to a reverse mortgage scam known as the Brusson scheme, named after the unregistered credit provider who managed to dupe about 900 people into handing over ownership of their properties in exchange for a loan.

The Moores received notice that the sheriff of the court would attach their property in August 2011, but less than two weeks ago, they knew that their home was safe.

SA`s encroaching crisis

A thought provoking article by Max du Preez.  There are so many questions without suitable answers or the motivation to implement the changes that are required.  When dealing with massive & rapid urbanisation, I don't believe that we need to "reinvent the wheel".  We need to look at countries that have dealt with similar massive and rapid urbanisation ... I'm talking about China.

See my Blog post at:
http://garethsfirstlaw.blogspot.com/2014/07/south-african-city-sprawl-continues.html

Gareth Shepperson
Commercial and Property Attorney













SA`s encroaching crisis

Is the real land ownership crisis in urban areas?

Conventional wisdom has it that urbanisation is a positive phenomenon: it is supposed to be easier and cheaper to deliver services, education and jobs to concentrated populations.

But certain realities have meant that over the last two decades urbanisation in South Africa has brought with it more bad than good and has contributed to the crisis the country is in now.

08 October 2014

Cape Town's R1 billion rates write-off

Cape Town's R1 billion rates write-off

The City of Cape Town has passed up on income of more than R1 billion for the 2013/14 financial year by granting exemptions, reductions and rebates on municipal rates.

Mayoral committee member for finance Ian Neilson said this was income that could have been generated for the city.

'The purpose of these various forms of rebate are to ensure that rates are affordable to our residents, and that owning a home does not become prohibitive to those on low or fixed incomes.

FirstRand woos Swiss investors with property fund

FirstRand woos Swiss investors with property fund

As it plans to raise as much as $500 million from Swiss private banks.

FirstRand, Africa’s largest lender by market value, plans to raise as much as $500 million from Swiss private banks and other investors for a property fund focused on the continent.

Ashburton Investments, the asset-management arm of Johannesburg-based FirstRand, will start raising money when its existing $250 million property fund is 75% invested early next year, said Chief Executive Officer Boshoff Grobler. Ashburton put up a fifth of the money for the first fund.

07 October 2014

Tough times for commercial property

Tough times for commercial property

Even shopping malls take some pain.

The commercial property sector has been under pressure during 2014 and persistent macro economic difficulties suggest its fortunes may not improve anytime soon.

Erwin Rode, property valuer and economist at Rode & Associates, says rental trends indicate that the industrial subsector may have been the best performer over the last few months followed by the retail sector (shopping malls). Office space has lagged both other subsectors.

Neil Gopal, chief executive officer of the South African Property Owners Association (Sapoa), says the industrial sector has continued to show good growth, but a prolonged slowdown in the manufacturing sector is expected to result in a drop-off in the demand for space in the sector.

03 October 2014

What you need to know about land loans

What you need to know about land loans

Although land and stand purchases generally only account for a small percentage of property transactions, they are increasing, probably in response to the growing shortage of built properties for sale in many popular areas and the concomitant rise in property prices.

'Many people view buying a stand as a good way to get a foothold in a sought-after area or estate, even if they can't afford to build a home on it just yet,' says Shaun Rademeyer of BetterBond, 'while others just see such purchases as good medium to long-term investments.'

Commercial property over the ages

Wow - what a fascinating article for anybody interested in the South African property industry.  I would love to hear more from the "old hands", who have been in the industry for such a long time.
Gareth Shepperson
Commercial and Property Attorney














Commercial property over the ages

Constant change.

In the 1930’s, 40’s and 50’s the grandest buildings in South Africa were usually the vast cinema and theatre complexes that were found in the heart of every major city and town in the country.

With names like the Alhambra, Colosseum, Savoy, Empire, Plaza and Embassy these gracious theatres, which accommodated 900 to 1700 people at a time, were the centre of a city’s social life.

The Schlesinger Organisation, which was the largest property company in the country at the time, owned many of these theaters, though smaller proprietors also existed.

02 October 2014

Unlocking the value in 'abandoned' sectional title units

Unlocking the value in 'abandoned' sectional title units

What happens when the levy and bond arrears on a sectional title unit together total more than the property is worth?

'There is no provision in the Sectional Titles Act for the body corporate to write off levy arrears and facilitate the sale of the unit in such cases,' says Andrew Schaefer, MD of leading national property management company Trafalgar, 'but they are occurring more and more often, especially in inner city blocks of flats where there has been no strong body corporate or group of trustees to prevent levy arrears getting out of hand, and a solution needs to be found.'

Property sales upswing 'best since recession'

Property sales upswing 'best since recession'

South Africa's property market is showing signs of steady growth, with the Western Cape scene looking particularly promising.

The Investment Property Databank South Africa Biannual Indicator, released recently, showed that the South African property sector delivered an improved 7.4 percent total return for the first six months on this year. This is 90 basis points more than the December 2013 biannual total return of 6.5 percent.

Commenting on the recent performance of the Western Cape's retail property sector, the chairman of Seeff Properties, Samuel Seeff, said there was a significantly better mood in the property market this year.

30 September 2014

Attacq, still on the prowl for development opportunities

Attacq, still on the prowl for development opportunities

Still bullish in the local and international market.

A strong development pipeline and diversification strategy in Africa and international markets buoyed Attacq to report an increase in its net asset value per share of 24% to R14.77 for the year ended June 2013.

Attacq, with a market capitalisation of over R14 billion, secured full ownership of its local retail assets during the financial period under review. This includes super regional centres of MooiRivier Mall, the Eikestad Mall Precinct, Brooklyn Mall and Garden Route Mall.

Legality of CTICC construction scrutinised

Oh Wow ......... I absolutely LOVE a good discussion on Servitudes!

Gareth Shepperson
Commercial and Property Attorney
















Legality of CTICC construction scrutinised

Although construction on the R832 million expansion of the Cape Town International Convention Centre (CTICC) is well under way, defective advertising of the proposed expropriation of public servitudes has put the legality of its building processes under scrutiny.


Objectors are calling for a halt to construction work on the CTICC until all legal obstacles are removed and a public participation process is finalised.
It is understood that objectors are concerned that building activity has continued, despite the existing planning restrictions, and there has been a call for all building work to stop to remove legal obstacles and finalise public participation processes.

The ACDP has asked why the city's plans to take away the public access use of the land in Roggebaai to allow for the expansion of the CTICC were so poorly advertised.