Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 06 – 2016

NOT A TRIFLE TO WALK AWAY FROM A SALE

Myburgh v Equestrian Valley (Pty) Ltd (15986/2012) [2016] ZAWCHC 6 (4 February 2016)

A purchaser, disenchanted with the rate of completion of extras in the equestrian estate in which he invested, sought to cancel the agreement as a result. The court was asked to determine, almost six years after signing the sale agreement, whether he could do so when no date was stipulated by when the extras in the development should be completed.

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The Judgment
Summary of the Judgment

 

THORNY HOA SPEEDING RULES AND DEACTIVATED ACCESS DISCS

Singh and Another v Mount Edgecombe Country Club Estate and Others (3962/2014, 1118/2014, 4375/2014) [2016] ZAKZDHC 2 (4 February 2016)

This matter deals with objections raised in respect of some restrictive rules contained in the homeowners’ association’s governing documents. As often is the case, the court is tasked with defusing the tension, assessing what an owner thinks is unfair and what the governing board’s assumed reasonable rules are. The judgment also deals with the tricky issue of deactivating access discs as a consequence of non-payment of penalties.

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The Judgment
Summary of the Judgment