Property transactions in Africa and beyond have become increasingly complex and advanced as a result of changes in legislation, multi-party foreign investment and cross-border sales and purchases.

ENSafrica’s dedicated property and real estate team is able to respond effectively to these challenges due to our extensive experience in advising on property developments and projects, including resort building, land restitution claims, mining villages, oil, energy projects, water projects, student accommodation and contractual issues.

Several of our lawyers have worked together as a team for more than 15 years and our clients, many of whom are long-standing, recognise that we are dedicated to providing practical and commercial advice which is always solution-driven.

We handle a wide variety of real estate transactions and our strong track record of working on some of the most high-profile and innovative real estate matters allows us to bring solutions that add value at all stages of property investments and development transactions.

Our clients represent a broad range of industries, including the public and private sector, energy and natural resources, hospitality and leisure, property developers, banks and other financial services.

Our key differentiator is that we have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent.

ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

esteemed department with a strong team of experienced real estate lawyers
— Chambers Global Guide 2018

what we offer

ENSafrica’s property and real estate team advises on all aspects of property law, including:

commercial (commercial, industrial, residential and retail projects)

  • development vehicles, strategies and implementation
  • lease agreements, sectional title developments, share block developments and fractional ownership
  • project-related advice, including leisure, hotels, construction, infrastructure, energy and mining projects and concessions
  • property rights
  • real estate funds, investment and facilities available to investors

general property law

  • compliance with local and national legislation and authorities regarding land issues
  • consumer protection
  • development of informal settlements, including applications and registrations
  • land planning, land use and rights applications
  • registration of mortgage bonds
  • restitution of land rights and heritage applications
  • transfer of immovable property

transactional (immovable and movable property)

  • advice on structuring of specialist transactions such as renewable developments
  • commercial contracts
  • due diligence investigations
  • financing strategies (including securities)
  • structuring of investments, including foreign investments and debt
  • tax structures
well versed in handling general real estate issues as well as those related to the commercial, industrial, residential and retail sectors
— Chambers Global Guide 2018
services an array of international clients, particularly those from the banking and finance sector
— Chambers Global Guide 2018
market commentators highlight the quality of the firm’s knowledge and work, reporting: they are superb ... and they give excellent service
— Chambers Global Guide 2018

experiENS

Acquisition
of rights to the Blythedale Coastal Resort by the Zwelabantu Dube community, with plans for a ZAR2‑billion development.
Establishment
of the Lapalala Nature Reserve, comprising 28 sites across 48 000 hectares.
Sale
of undeveloped land owned by the University of the Witwatersrand to provide ongoing revenue from a commercial and residential development.
Acquisition
of development rights in Johannesburg by Balwin Properties.
Opposition
to a housing development next to Columbus Stainless’s manufacturing facility in Mpumalanga, where harmful emissions could affect residents.
Land claims
by the Molotele community in Hoedspruit.
Land claim
by the Mgungundlovu community which affected Sun International’s Wild Coast Sun in the former Transkei.
Acquisition
by the South African Public Investment Corporation of land worth ZAR500-million.
Restructure
of the real estate portfolio of Evraz Highveld Steel and Vanadium, including 19 farms.
Development
of the Mjejane Game Reserve by Lugedlane Developments, including possible incorporation into the Kruger National Park and partnering with restitution communities.
technically excellent, always available and approachable, supportive, responsive and adaptable
— Chambers Global Guide 2018

contact

Andrew Bembridge

executive
abembridge@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications