Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS


Certain portions of the Children’s Act, Act 38 of 2005 came into operation on the 1 July 2007.
Probably the most far-reaching provision in terms of the act, as far as real estate is concerned, is the fact that the age of majority has been lowered from 21 to 18 years.

The motivation for this step is to bring the age of majority in line with the Constitution, International Conventions and local legislation.

This provision of the new act means that persons over the age of 18 years will now be able to, without their parents’ consent:

a. enter into contractual agreements,

b. get married,

c. apply for a passport

d. consent to the alienation (sale) or encumbrance (mortgage) of any immovable property.

This effectively means that a person aged 18 years or older can now buy immovable property and take out a mortgage bond in order to finance such purchase without the assistance of parents.