Property Law
Property rights are easy to overlook, until they are threatened. Whether you are buying, developing or defending what you own, Roberts Incorporated provides practical, experienced property law support across Cape Town and the Western Cape.
Property law in South Africa covers far more than buying and selling. It encompasses your rights as an owner, your obligations within a shared scheme, your relationship with neighbours and your ability to develop or use land as intended. Disputes in this space move quickly and can have lasting consequences if not handled correctly from the outset.
Our team has handled residential, commercial and agricultural property matters across a wide range of disputes, from body corporate conflicts and sectional title issues to zoning challenges, neighbour disputes and complex development structures. We advise you on your position early, so you can make informed decisions before the situation escalates.
What we handle
Conveyancing & transfers
Transfer and registration of residential, commercial and agricultural properties - handled efficiently, with clear communication at every stage of the process.
Body corporates & sectional title
Disputes about trustee conduct, rule enforcement, construction defects, levy arrears and AGM procedures - for both owners and body corporates.
Neighbour & zoning disputes
Encroachments, servitudes, zoning objections and development disputes - practical advice and representation to protect your rights as a property owner.
Conveyancing
Our conveyancing team handles the full spectrum of property transfers for residential, commercial and agricultural, as well as expert structuring advice for developments. We guide clients through every step of the sales process, from offer to transfer, ensuring transactions are completed accurately and on time.
Body corporates & sectional title
Sectional title living and investment comes with a distinct set of legal obligations and potential conflicts. We act for both individual owners and body corporates in disputes relating to trustee conduct, PQ calculations, building defects, rule enforcement and the proper management of common property.
We also assist with AGM preparation and attendance, levy recovery and enforcement of body corporate rules through High Court litigation or arbitration, depending on what the matter requires. Whether the scheme is residential, commercial or mixed-use, we know this area of law well and act decisively when needed.
Our Approach
Early, honest advice
We assess your position clearly from the outset and tell you what it means, so you can decide on the right course of action before costs escalate.
End-to-end service
From the first consultation through to transfer, dispute resolution, or court, we handle the full matter rather than handing you off between departments.
Personal accountability
Your matter is handled directly by our legal team. You have a named contact and a consistent point of accountability throughout.
Practical outcomes
We focus on resolving your matter efficiently, through negotiation, mediation or litigation, depending on what genuinely serves your interests.
Areas we cover
Our Legal Services
Frequently Asked Questions
Conveyancing is the legal process of transferring ownership of a property from one party to another, it is one specific aspect of property law. Property law is the broader field that governs all rights relating to land and buildings, including ownership disputes, servitudes, zoning, sectional title schemes and neighbour conflicts. At Roberts Incorporated, we handle both, from the transfer of a property through to resolving complex ownership disputes.
Yes. In South Africa, property transfers must be handled by a qualified conveyancer, an attorney who has passed the conveyancing board examination and is admitted to practise as a conveyancer. The transfer cannot be registered at the Deeds Office without a conveyancer's involvement. Attempting to manage a transfer without one creates significant legal and financial risk.
A sectional title scheme is a development where individual owners hold title to their specific unit and share ownership of common property with other owners, managed by a body corporate. Common disputes include disagreements over trustee conduct and decision-making, levy arrears, enforcement of body corporate rules, building defects in common areas and the allocation of participation quotas. We act for both individual owners and body corporates in these matters.
Encroachment disputes need to be handled carefully, as the available remedies depend on whether the encroachment was intentional, the extent of the intrusion and whether any servitude exists over the affected area. Options range from a formal letter of demand and negotiated agreement through to an interdict or damages claim in court. We advise on the most practical and cost-effective route for your specific situation, starting with a clear assessment of your rights and the strength of your position.