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Maryna

Profile: Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Newsflash | Parliament Review Committee on Section 25 Amendment

Parliament’s joint constitutional review committee formally resolved today to recommend an amendment of section 25 of the Constitution to make it clear that expropriation of land without compensation, is possible. President Ramaphosa has given assurances that this is but one

Property Law Update | Issue 17 – 2018

TITLE DEED CONDITION ALLOWING RE-TRANSFER OF PROPERTY IF OWNER DOES NOT BUILD ON TIME: CAN THIS REVERSIONARY RIGHT PRESCRIBE? eThekwini Municipality v Mounthaven (Pty) Ltd (CCT 05/18) [2018] ZACC 43 (31 October 2018)) Municipalities regularly sell vacant property to developers

Thought of the Week | When a Trust is Party to a Sale Agreement

Problem scenario: The ABC Family Trust sells a sectional title unit to X. The trustees of the trust, authorised by valid Letters of Authority issued by the Master of the High Court, are A and his children B and C.

Thought of the Week | Update On New Legislation That Will Impact SA’s Property Industry

Two Bills that will fundamentally impact South Africa’s property industry were expected to be passed by Parliament this year. In September, the Portfolio Committee (Human Settlements) concluded its first stakeholder engagement meetings on the Property Practitioners Bill. A draft version

Property Law Update | Issue 16 – 2018

BONDED PREMISES: DOES THE BONDHOLDER OR OWNER SUE FOR EVICTION? Pacific Paramount Properties (Pty) Ltd v Burchell t/a Top Wash and Another (8418/2018) [2018] ZAWCHC 124 (19 September 2018) It happens frequently that when a bank grants a mortgage to

Thought of the Week | Electronic Signatures and Deeds Registration

Recently the first ever property transfer transaction was registered in a deeds office in South Africa where the seller’s Power of Attorney to Pass Transfer was signed with an advanced electronic signature (AES). What is an AES? It is a

Thought of the Week | Water for Cape Town

Towards the end of June this year, the City of Cape Town promulgated amendments to its Water By-law. These do not replace the current Level 6 water restrictions, but are in addition to present water usage rules. Many of the

Property Law Update | Issue 15 – 2018

VOETSTOOTS, WARRANTIES, THE SELLER’S RESPONSIBILITIES Van Rooyen v Brown and Another (A3104/2015) [2018] ZAGPJHC 453 (28 June 2018) This judgment again illustrates how important it is for the seller of a home to be as candid as possible about patent

Thought of the Week | Deposits in Sale Agreements of Immovable Property

To bring about a valid and binding agreement, it is not a legal requirement that a purchaser pays a deposit. However, where a purchaser puts down an amount as a deposit, it generally signals financial ability and a commitment to

Thought of the Week | Co-owning a Property and the Bond

Whether for financial or other reasons, people often invest in property as co-owners, whereby each owns an undivided share in the property. Many such buyers take the sound precaution to draw up a co-ownership agreement. Buyers in this situation should