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Showing posts from 2021

SPLUMA - What is it?

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I was extremely proud to be invited to this Podcast, which is presented by two truly inspiring ladies and to join in the conversation with my friend Nigel Adriaanse from Enterprise Development Property Fund (EDPF). We chat about the  Spatial Planning and Land Use Management Act ( SPLUMA ), which is an essential piece of legislation for every Property Investor or Developer to have some knowledge about. Click Image for Link In this week’s episode, we brought back Nigel   Adriaanse (episode 39),   who introduced us to Gareth Shepperson, a conveyance attorney at Delport Van Den Berg, a law firm in Pretoria South Africa.   We invited Gareth to talk to us about the Spatial Planning and Land Use Management Act because when we started on our journey of real estate investing, we were prevented from buying a property we liked because of this act.   The investor we were trying to buy the property from is actually a seasoned investor with apartment buildings, hotels and guest houses in Mpumalanga,

EASTER with Elegant Corporate Services

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 Celebrate this Easter by securing the future of your Spouse and Children FREE consultation (30 Minutes) 10% discount on New Trusts Payment holiday on the monthly Trustee Fees Contact me at gareth@prop-law.co.za or visit us at www.elegantcorp.co.za Have a GREAT Easter! Gareth & Family

What is Land Tenure?

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 LAND TENURE and the PROPERTY INVESTOR What is Land Tenure and how does it affect the property investor? What is ULTRA (Upgrading of Land Tenure Act? How have recent Court Cases changed ULTRA? What about Land Tenure in the former TBVC states? What about the concept of the "Family Home"? We answer these  questions   and more in this video . We have done a series of videos with Taurai Jack of M5 Real Estate (Pty) Ltd , known as M5 Property Addicts, about certain legal aspects of Property Investment and Property Law in general.  The series starts with a look at the solid foundation that all serious Property Investors should establish, namely a solid business structure.  " The most important aspect of making money out of property is preserving and protecting both the property and the wealth that is created. Far too many property investors rush into buying properties without first getting a suitable property investment structure in place. Without a suitable property investmen

Lecture with Love

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A day with the  ENTERPRISE DEVELOPMENT PROPERTY FUND On Tuesday (16 March 2021), I had the most amazing opportunity to present to the enthusiastic students of the EDPF . These are not students who happen to be at university because they didn't know what else to do after school.  These are students who have actually identified real estate as their path in life and are enthusiastic about everything related to property investment and property development. The EDPF provides a transformational opportunity for its students.  Each student receives a tablet with all the course material and additional features pre-loaded.  They don't refer to their students as "students" but as "entrepreneurs". Although it is a three-year academic program, during the 3rd year, the entrepreneur will focus on “Making the business operational” and securing their first deal. The ultimate goal is to ensure each entrepreneur leaves the programme with their very first TITLE DEED, so as t

Please Subscribe and Share

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Hello Reader If you find any value or entertainment (hopefully both) in my Blog, please Subscribe to Shepperson's First Law or Share any individual Posts. SUBSCRIBE Simply click on SUBSCRIBE  at the top of my Page and follow the prompts. Alternatively , Click on Menu - The first Item on the Menu is RSS FEEDS .  Click on the RSS symbol next to Posts, Click on " Atom " and select " Get SHEPPERSON'S FIRST LAW delivered by email " SHARE If there is any Post that you consider to be of value and worth sharing with your friends or connections on Facebook, LinkedIn, Twitter, Pinterest, etc., please Click on the Share Symbol for that Post. Thank you for taking the time to read my Blog.  If you have any suggestions for future topics, if you have some constructive criticism or if you have a differing view on any of the topics that I have discussed, please use the COMMENTS  to voice your opinion. Cheers Gareth

How to "creditor-proof" yourself

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One bad decision could destroy years of hard work. Don't allow this to happen.  It isn't bad luck, if you decide to allow yourself to remain vulnerable when you have a choice. I am not saying that you will never be sued or even sequestrated but these events should not take away everything that you have built up.  I have seen so many examples where one bad decision or one unpredictable event (think Covid) destroys a business that has taken years to build.  The owner being entirely invested in his/her business and totally reliant on that income is left destitute. It is possible to retain your house, your car, your furniture, your sentimental treasures ... and your PRIDE ... even as your Creditors circle, sue and try to sell your stuff.  It is not easy or quick but it is possible. Back in the 90's, I was introduced to a book by Peter Carruthers called Crashproof your business.  Times change and, of course, the law changes but the fundamental principals that Peter wrote about o

Do YOU want to leave a LEGACY?

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How to preserve your Legacy! Most of us would like to leave the world in a better place when we depart. The reality is that very few of us will affect planetary change. However, we can still leave our spouse and children in a better position by ensuring that our financial legacy is passed on to them (or to other friends/relatives or charities). This is less likely to happen if we allow over 50% of our estate to be lost in fees and taxes. Even if you are comfortable in allowing such erosion of your wealth, there may be significant unintended hardship for your spouse and children.   Firstly, your assets will be frozen and if they want to access your funds, they will be unable to do so. Secondly, the fees and taxes are payable by your estate. You may have many assets (movable or immovable) but not much liquidity (cash). The result is that despite being "wealthy", your spouse/child will have to sell these assets to pay the fees and taxes. This often results in assets being sold

PROPERTY TRANSFERS: Expectations vs Reality

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When buying or selling property, this can be an exciting time but it can also be nerve wracking or frustrating. Frustration is usually borne out of unrealistic expectations.  The reality regarding the timelines or costs or both are often glossed over by estate agents in an attempt to secure the sale.  Here is a very brief list of realities! TIMELINE The timeline is dependent upon so many interconnected parties and events that a fixed timeline is impossible to predict.  This is a very rough guide.   If the Purchaser requires finance, there is usually a fixed time for them to secure "approval in principal".  This is usually between 14 and 60 days, depending on the nature of the contract. However, approval in principal does not mean that the Bank has finalised its processes. There may be a myriad of information and documentation that the Bank requires before it is ready to proceed. In an example, from personal experience, an approved set of building plans was required as a condi

An Oldie but a Goodie

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Blog to people, not at people By Kevin O'Keefe   Blog to people, not at people | Real Lawyers (lexblog.com) I came across this old Blog Post and it spoke to me.   That shouldn't surprise me because Kevin knows what he's talking about.  He has always been somewhat of an inspiration for me, having followed him for over a decade.  Let me tell you a little about Kevin. In 1999, Kevin closed hislaw firm to start his first company. Prairielaw.com was a virtual law community of people helping people, featuring message boards, articles, chats, listervs and ask-a-lawyer. Prairielaw.com was sold to LexisNexis, where it was incorporated into Martindale-Hubbell’s lawyers.com.  After a stint as VP of Business Development at LexisNexis, Kevin founded LexBlog out of his garage in 2004 (no affiliation with LexisNexis). When he could not find someone to help him with his own blog, he started a company to provide what he needed. Strategy, professional design, platform, coaching, SEO, marketi

Seth Godin - An abundance of caution

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An abundance of caution | Seth's Blog " Please don’t avoid appropriate caution. It matters to you and to the community. But seeking reassurance and peace of mind by trying to drive risk to zero doesn’t get you either one of them . " I agree with Seth Godin - to a limited extent.  The human race would never have advanced from a constant state of merely surviving, if it wasn't for the risk takers. Those who try something different from " ... but that's the way that it's always been done ". However, there are ways to mitigate your risk without missing out on the opportunities that cross our paths.  If it's financial risk that concerns you, put your business structures in place before you take that leap of faith.  It serves no purpose to try and erect a safety net after you have already jumped. Follow this LINK to obtain more information. Remember to subscribe using the button in this Blog.

Your inside source @ THE PRETORIA ATTORNEYS ASSOCIATION

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The Pretoria Attorneys Association (PAA) is a voluntary association of attorneys, established in 1946, to facilitate and enhance an independent legal profession for the Tshwane Magisterial Jurisdiction, which broadly reflects the diversity of the Republic. The Association is organised in various subcommittees to best represent members’ interests. Two fully functional offices are located at the Pretoria High Court and Magistrate’s Court to assist Attorneys and members of the public. Speaking at the PAA Annual Golf Day I am extremely proud to serve as the Chairman of the Property Committee and as a member of the Executive Committee of the PAA.  Please follow this LINK for more.

Your ultimate Guide to COMMERCIAL PROPERTY FINANCE

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Get the Ultimate Guide to  Commercial Property Finance South Africa Click on Picture for Link This  Ultimate Guide to Commercial Property Finance South Africa was obtained From the Trust for Urban Housing Finance (TUHF). I work with the very best Bond Originators in South Africa and I am happy to recommend them to any Developers, Investors, Buyers and others who want to source the best funding at the best interest rates. I recommend: Contact me for a personal introduction to Christeen or to Christiaan. I know that they will look after you. My Law Firm (Delport van den Berg Inc.) is also on the Conveyancing Panels of every major Bank in South Africa, so I can help you with all your Property Finance questions. Contact me at gareth@delberg.co.za and I will be happy to assist.

Do you really love your "LOVED ONES"? Really? Then why ......

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Do you really love your "loved ones"? Do you really? Really? If so, why would you allow your estate to depreciate by 50% or more on your death? Why would you allow your accounts to be frozen?  Why would you force your wife/husband or children to have to sell the family home to pay the costs and taxes of your death? Why would you do that to your loved ones, when there is absolutely no need to do so? See the video below and PRESERVE YOUR LEGACY . Did you know that you can simultaneously make your assets 100% creditor proof?  If you're a business owner or investor, is this something that would be valuable to you? Click on Image or go to   https://youtu.be/pODcDv5kSmE P.S. This is an older video (prior to Shepperson Attorneys absorption into Delport van den Berg Incorporated).  Delport van den Berg has the most amazing Trusts and Estates department.  Contact me if you would like to know more. Please visit Elegant Corporate Services (Pty) Ltd for details about  free and discou

Bought or Sold a House - WHAT HAPPENS NEXT?

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So you've bought or sold a house ... now what? ALL YOUR QUESTIONS ANSWERED IN ONE VIDEO! What is a Conveyancer? What does the Conveyancing process involve? What is the Deeds Office and what happens there? What is likely to cause a delay? Who are the Bond Attorneys or the Bond Cancellation (BC) Attorneys? Tax compliance as part of the transfer of ownership ... really? What is Prep? (Prep School or doomsday prepper!) I thought the death penalty was abolished, so who is executed in the Deeds Office? ALL YOUR QUESTIONS ANSWERED IN ONE VIDEO! Click on the image or go to: https://youtu.be/i1ehCfJhPoA We have done a series of videos with Taurai Jack of M5 Real Estate (Pty) Ltd, known as M5 Property Addicts, about certain legal aspects of Property Investment and Property Law in general.  The series starts with a look at the solid foundation that all serious Property Investors should establish, namely a solid business structure.  " The most important aspect of making money out of prope

Did I just include DR SEUSS in my MOST INSPIRATIONAL BOOKS?

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What books have been influential in my life? Well, I really enjoy biographies and history books.  I also enjoy Malcolm Gladwell's books.  I don't read much fiction anymore but I really enjoyed a wide range from Sydney Sheldon to JRR Tolkien, when I was younger. More recently, I have enjoyed the more inspirational or motivational books like The Seven Habits of Highly Effective People and Rich Dad Poor Dad. I now have twins (11 months old) and I must say that my absolute favourite inspirational book at the moment is  ―  Dr. Seuss,  Oh, the Places You'll Go! “ You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose. You're on your own. And you know what you know. And YOU are the one who'll decide where to go... ” I would love to engage with the readers of this Blog, so: What books have been influential in your life?   What books do YOU suggest that I read?

Rebosa takes EAAB to court!

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Tony Clarke, chairman of Rebosa and MD of the Rawson Property Group Click on image for the BIZCOMMUNITY Article.   The latest development in the seemingly never-ending soap opera that is the EAAB.

Calling all DIGITAL MARKETING GURUS! HELP ME PLEASE!

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Please follow the LINK to LinkedIn.

How To Complete an Offer To Purchase (OTP) like a PRO

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  How To Complete A Property Offer To Purchase (OTP) like a PRO - YouTube We have done a series of videos with Taurai Jack of M5 Real Estate (Pty) Ltd, known as M5 Property Addicts, about certain legal aspects of Property Investment and Property Law in general.  The series starts with a look at the solid foundation that all serious Property Investors should establish, namely a solid business structure.  " The most important aspect of making money out of property is preserving and protecting both the property and the wealth that is created. Far too many property investors rush into buying properties without first getting a suitable property investment structure in place. Without a suitable property investment structure you are exposed and vulnerable to creditors who can ruthlessly take away everything you have gained ." -  Jason Lee Follow this  LINK  for more on this topic. The series then follows the process.  This starts with completing your Offer to Purchase (OTP) like a P

The SECRET to NOT GOING BROKE

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In this Video, I chat to Taurai from M5 Property Addicts about the best business structures for Property Investors . If the video doesn't play, please follow the Link https://youtu.be/uggrw2egUo4 We have done a series of videos with Taurai Jack of M5 Real Estate (Pty) Ltd, known as M5 Property Addicts, about certain legal aspects of Property Investment and Property Law in general.  The series starts with a look at the solid foundation that all serious Property Investors should establish, namely a solid business structure.  " The most important aspect of making money out of property is preserving and protecting both the property and the wealth that is created. Far too many property investors rush into buying properties without first getting a suitable property investment structure in place. Without a suitable property investment structure you are exposed and vulnerable to creditors who can ruthlessly take away everything you have gained ." -  Jason Lee Follow this LINK for

An ULTRA important Bill

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On 1 December 2020, the National Assembly passed the Upgrading of Land Tenure Rights Amendment Bill . The Bill seeks to amend two provisions of the Upgrading of Land Tenure Rights Act 112 of 1991 (“ the Act ” or “ ULTRA ”) by providing for a constitutionally permissible procedure for the determination of rights of ownership and occupation of land, to remedy the constitutional invalidity of the sections. The Act in its current form discriminates against women in respect of conversion of the land tenure rights into ownership. Land reform comprises of three elements namely land restitution, land redistribution and land tenure. Land tenure reform relates to the securing and protection of customary and informal land rights that were left vulnerable due to previous land policies. The aforementioned Act and Bill seek to secure and officially recognise land rights held by those living on customary and informal land, and to transfer power over those rights to the land rights holders. The

Denny Crane

Denny Crane
It's not me ... yet. Denny Crane from the TV series Boston Legal. Click on picture if you're not sure who he is!