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- 021 856 5160
- bibi.aysha@babsattorneys.co.za
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- @babsattorneys
- 1 Durmont Cres, Sea Breeze, Cape Town, 7140
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Whether you need an antenuptial contract, a cohabitation agreement, a personal or praedial servitude, Special Power of Attorney or documents certified — BABS Attorney’s has an effective and efficient solution just for you.
An ANC is one of the most essential agreements you will enter into as it dictates your financial future after your marriage, how you transact with third parties and how your assets will be divided on death or divorce. By entering into an ANC, you are preventing your intended marriage from being in community of property, clearly indicating the legal and proprietary rights, duties and consequences of your marriage and preventing future disputes with your spouse.
As you embark on this new chapter called marriage, there is a lot to consider. It may not feel romantic, but, discussing, deciding and recording how you want to manage your legal and proprietary rights, duties and responsibilities during your marriage is the building block to a successful marriage. An ANC enables you to do just that.
You may need a Special Power of Attorney drafted if you are someone who has property and other assets in South Africa, but work abroad or are travelling and need someone to act officially as your representative with respect to your wishes regarding that property or assets.
Furthermore, this may also be for you if you are ill and require a trusted person to attend to your needs and other legal issues on your behalf.
A personal servitude is a real right, usually created by a notarial deed registered in the Deeds Office, that is registered against immovable property in favour of a person or legal entity. This right attaches to a person, who is the holder of the servitude and not the land itself. The servitude is usually created for a period not longer than the lifetime of the person or for a specified period of time which lapses upon the occurrence of a specified event in the notarial deed. The most common personal servitudes are as usufruct, usus (right of use) or habitatio (right to occupy the property).
A praedial servitude is a real right that is registered against immovable property in favour of another immovable property. The real right attaches to the land itself and not the person. It is also generally created by way of a notarial deed and may be created for a specified period of time or in perpetuity. The servitude may lapse by effluxion of time or may be cancelled by agreement, which requires that a notarial deed of cancellation be registered in the Deeds Office to note the cancellation. Examples of these servitudes are: a right of way servitude, pipeline servitude, right of aqueduct, right of conduction of electricity, right of grazing servitudes and electrical substation servitudes.
There are a variety of circumstances in which you may require the certification and/or authentication of certain documents, and as a part of our notarial service we endeavour to make the process simple, swift and cost-effective.
Whatever your document certification and authentication needs, we have the simple, swift and cost-effective solution for you.
