Quick answer
Before calling a property lawyer, identify the property precisely, every party and claimed right, the agreement or title relied on, the event that triggered the dispute, the current occupation and payment position, and the remedy each side is demanding. Put the deeds material, signed agreements, amendments, notices, proof of delivery, payment records, photographs and a neutral chronology into one indexed file.
How to use this guide
Property disputes can concern ownership, sale conditions, occupation, boundaries, servitudes, leases, sectional-title governance, defects, cancellation, transfer or payment. Those issues may use different legislation, forums and urgent remedies. A disciplined intake should help the lawyer classify the matter rather than assume that possession, a municipal account or an estate agent's statement conclusively proves ownership.
Identify the land and the legal capacity of each party
Record the street address, erf or sectional-title description, township, deeds-office details and unit or exclusive-use area where applicable. Attach the available title deed, deed-search result, sectional plan, general plan or survey material. Mark any difference between the land described in the agreement and the area occupied on the ground.
List the registered owner, purchaser, seller, tenant, landlord, body corporate, developer, agent, bank, executor, trustee, company or family representative involved. Obtain company or trust authority, estate appointment documents and powers of attorney where someone acted for another. A signature by the wrong entity or an unauthorised person may change the analysis.
The Deeds Registries Act governs registered transfer and deeds-office functions, while the deeds record is not a substitute for examining the underlying transaction. Ask the lawyer who presently holds the registered real right, what personal contractual rights are asserted and whether any interdict, caveat or registration process is legally available.
Put every agreement in chronological order
For a land sale, preserve the signed offer to purchase, annexures, suspensive conditions, guarantees, amendments, disclosure documents, occupation terms and cancellation notices. The Alienation of Land Act contains formal requirements for alienation of land; an unsigned message or oral assurance should not automatically be treated as a complete enforceable sale.
For a lease or occupation dispute, collect the lease, renewals, deposit statements, rent ledger, inspection records, rules and breach notices. For a co-ownership or family dispute, include the acquisition documents, contributions, use arrangements and communications about sale or division. For sectional-title issues, add the management and conduct rules, resolutions, levy statements, notices and correspondence with the body corporate or managing agent.
Do not “improve” a contract after the dispute starts. Keep the native email or messaging export and label later notes as later notes. If the parties used several versions, retain all of them and explain which version was signed, delivered and performed.
Build a dated events and money map
Set out when negotiations began, the agreement was signed, conditions were due, deposits or guarantees were paid, occupation changed, defects or boundary issues were noticed, demands were sent and any cancellation was communicated. Attach proof beside each entry. Distinguish a date remembered by a witness from a date shown by a bank record or courier receipt.
Prepare a separate money table: amount, payer, payee, purpose, due date, actual date, reference and supporting document. Include purchase-price payments, rent, levies, rates, deposit, occupational interest, repairs and disputed deductions. Do not net amounts informally if the agreement does not permit it.
Ask whether VAT or transfer duty was contemplated, but do not assume one applies merely because property changes hands. Tax classification depends on the parties and transaction, and a property lawyer or tax adviser should use current SARS material before figures are represented as final.
Record the present physical position
State who occupies the property, who holds keys, whether services operate, what goods remain, whether building work continues and whether anyone threatens entry, lockout, demolition, sale, transfer or removal. Take dated photographs from a lawful location and retain the original files. Do not trespass, remove a gate, disconnect utilities, intimidate an occupant or alter a boundary marker to create leverage.
If violence, unlawful entry or irreversible building work is threatened, say so in the first contact. Urgent relief requires facts about immediacy, notice, harm and a competent legal remedy. An angry demand is not the same as an interdict, and lodging a complaint does not automatically stop transfer or construction.
For occupation disputes, do not assume that registered ownership authorises physical eviction without process. The constitutional and statutory eviction framework can require court supervision and context-specific safeguards. Ask the lawyer to identify the correct occupier category and route before any self-help step.
Ask questions that reveal the actual case
Useful first questions include:
- What right does each party presently hold: registered, contractual, statutory or possessory?
- Which agreement, title condition, rule or law creates the disputed obligation?
- Were suspensive conditions fulfilled or waived lawfully?
- Was a breach notice required, and was it correctly delivered?
- Is cancellation disputed, and what conduct followed it?
- Could transfer, sale, construction or occupation change before ordinary proceedings conclude?
- Which forum has jurisdiction, and is mediation or an ombud-style route available?
- What prescription or procedural date must be calculated now?
Prescription depends on the type of debt, when it became due, knowledge, interruption and possible delay provisions. A demand or negotiation should not be assumed to interrupt it. Give the lawyer the oldest relevant date and every summons or acknowledgement immediately.
Define the remedy instead of asking who is right
The client may want transfer, cancellation, payment, rectification, access, eviction, division, removal of work, a declarator or damages. Each remedy has different elements and practical consequences. Ask what order is legally competent and whether it would solve the real problem after costs, finance, tax and occupation are considered.
Settlement may be more useful than a binary court result, but it should specify payments, transfer cooperation, releases, occupation, handover, costs, tax responsibility, confidentiality where lawful and default consequences. Do not sign a settlement or admission simply to pause pressure without understanding its effect on title, possession and existing claims.
End the consultation with a written evidence list, deadline diary, immediate preservation tasks and the identity of any conveyancer, surveyor, valuer, engineer, tax adviser or advocate whose input may be needed. A property lawyer cannot guarantee speed or outcome, but should be able to explain the proposed route and assumptions.
Important limitation
This is general South African legal information. Title, authority, contract formation, tax, breach, cancellation, occupation, forum, evidence, prescription, urgency and remedies must be assessed from the complete documents.
FAQs
Does paying the municipal account prove that I own the property?
Not by itself. Payment may be relevant evidence of occupation or contributions, but registered title and the underlying legal relationship must be examined separately.
Should I send another breach notice before the consultation?
Not automatically. The agreement may prescribe content, delivery, cure periods or consequences. A defective or premature notice can complicate the dispute, so bring the existing papers first.
Can I change the locks because my name appears on the title deed?
That may amount to unlawful self-help where another person is in possession or occupation. Obtain urgent advice about the appropriate possession or eviction procedure instead of forcing entry.
Do settlement discussions stop prescription or transfer?
Do not rely on that assumption. Prescription interruption and any hold on registration require their own legal basis. Preserve dates and obtain written protection where the facts justify it.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.