SELLER CANNOT TRANSFER: BLAME THE MORTGAGEE? Jessop v Industrial Development Corporation of South Africa and Another (42379/2012) [2015] ZAGPJHC 208 (16 September 2015) Seeking transfer of a share in property in terms of a sale agreement, the purchaser in this
Read MoreDemolish 5 of 9 Storeys Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) If a local authority and developer do not follow required notification procedures where a rezoning application is considered and subsequently building plans aligned
Read MoreUPHOLDING UNSIGNED SALE AND CONSTRUCTION AGREEMENT Bray v Grand Aviation (Pty) Ltd and Another (07/28371) [2015] ZAGPJHC 139 (18 May 2015) The purchaser bought a property in a development in an agreement that included a contract for the construction of
Read MoreHOA CREATES FALSE IMPRESSION THAT BUILDER MUST ACCREDIT Emfuleni Golf Estate (Pty) Ltd v Vinbosch Construction CC (49544/14) [2015] ZAGPPHC 610 (25 August 2015) Affairs of developers and homeowners’ associations are often closely synchronized and can, for example, lead to
Read MoreRectification of Sale Contract With Non-Variation Clause? Jacobs v Southey and Others (724/14) [2015] ZANCHC 12 (24 April 2015) Rectification is a remedy for a contracting party whose written agreement does not reflect the common intention of the parties at
Read MoreLevies Owing to HOA: Prescription Alert Lukhele v Fernbrook Estate Homeowners Association (61719/13)[2015] ZAGPPHC (17 February 2015) This judgment alerts property practitioners and HOAs to the good practice requirement that, at all times, tabs must be kept on outstanding levies.
Read MoreImproper Plan and Zoning Approval: Demolish 5 of 9 Storeys Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) [2015] ZAKZDHC 54 (29 June 2015) If a local authority and developer do not follow required notification procedures
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