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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).

Property Law Update | Issue 01 – 2016

SPOTTER FEES IN THE SPOTLIGHT Haigh Farming (Pty) Ltd v E.G Elliot Estate CC (14175/2013) [2015] ZAKZPHC 47 (2 October 2015) When anyone performs those activities that are included in the Estate Agency Affairs Act’s definition of an “estate agent”,

Property Law Update | Issue 43 – 2015

SELLING WHEN YOU ARE NOT THE OWNER Köster v Norval (20609/14) [2015] ZASCA 185 (30 November 2015) An interesting set of facts led to the court confirming that, in our law, it is not an essential feature that a seller

Property Law Update | Issue 42 – 2015

CAN HOLDER OF HABITATIO EVICT OWNER FROM PROPERTY? A Hendricks v M Hendricks & Others (20519/14) [2015] ZASCA 165 (25 November 2015) The judgment tells the story of a bitter family feud that resulted in a mother, holder of the

Property Law Update | Issue 41 – 2015

TO BE COMPLIANT FFC REQUIRED FOR CC AND MEMBER Erasmus N.O. and Another v Verna van Den Blink Properties CC (A270/2014) [2015] ZAFSHC 198 (22 October 2015) This appeal concerns the question whether a fidelity fund certificate is required for

Property Law Update | Issue 40 – 2015

COMMON SENSE COMPONENT FOR HOA RULES Bushwillow Park Home Owners v Fernandes and Others (2014/31526) [2015] ZAGPJHC 250 (23 October 2015) A set of rules cannot accommodate each and every eventuality. In the present matter, for example, the HOA rules

Thought of the Week | Tread lightly with the voetstoots clause

A patent defect is a defect which is clearly visible on a normal property inspection and it is a purchaser’s duty to satisfy himself with regard to a property’s general condition prior to concluding a sale agreement. A latent defect,

Property Law Update | Issue 39 – 2015

PRESCRIPTION OF RIGHT TO COMPEL RE-TRANSFER EThekwini Municipality v Mounthaven (Pty) Ltd (1985/2014) [2015] ZAKZDHC 78 (30 September 2015) When transferring vacant land, a local authority may add a condition to the transaction that if the purchaser does not erect

Property Law Update | Issue 38 – 2015

RIGHTS OF PROPERTY PURCHASER PRIOR TO EXECUTION SALE Mamogale and Others v Nedbank Ltd and Others (3112/15) [2015] ZAGPPHC 629 (3 September 2015) What to do if you have been paying parts of a purchase price for a home you

Property Law Update | Issue 37 – 2015

RENOVATIONS MORE COMPLEX THAN ANTICIPATED – LATENT DEFECT? Ellis and Another v Cilliers N.O and Others (16936/11) [2015] ZAWCHC 145 (9 October 2015) The judgment addresses a difficult question: does it detract from the reasonable use of a home, and

Property Law Update | Issue 36 – 2015

BACKTRACKING ON USE OF POWER OF ATTORNEY De Villiers v Elspiek Boerdery (Pty) Ltd and Another (16138/2012) [2015] ZAWCHC 141 (9 October 2015) X initially granted a special power of attorney in favour of A to execute a notarial cancellation