Property Law Update Archives

Property Law Update | Absent provision to the contrary, a deposit must be returned on failure of the agreement

Royal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021) [2021] ZAWCHC 241 (23 November 2021) A sells his Ferrari to B who happily puts down a 40% deposit. B approaches the bank for a short term loan for the

Property Law Update | Remission of rent due to Covid: Remedy available for sub-tenant?

Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 240 (19 November 2021) In our law, in specific instances, a tenant may claim remission of rental, in whole or in part,

Property Law Update | Sectional title trustees’ resolutions that impact the rights of outsiders: on what basis may a court intervene?

Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd and Another (304/2020) [2021] ZASCA 157 (5 November 2021) Trustees, as body corporate nominees, have no easy job. This judgment highlights how trustees,

Property Law Update | The risks of half-truths about a leaking roof in the sale of a home

Le Roux v Zietsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021) When the Zietsmans purchased a sprawling guesthouse, they were advised by the seller of one or two leaks in the roof which had been fixed. Three months

Property Law Update | Illegal use of property: Bite the bullet and pay the penalties

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA) (9 July 2021) The property owners in this matter rented out rooms in their home to students and young professionals, rendering

Property Law Update | Revoking a purchaser’s access to property in delayed transfer

Mutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021) There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was

Thought of the Week | The importance of a conveyancer’s certificate for property development or improvement

Every property has a title deed in which certain facts about that piece of land are recorded. Included in this title deed are the so-called ‘title conditions’ which, amongst other things, may list certain prohibitions on the use of the

Property Law Update | Sale subject to ‘obtaining funds from’ an inheritance

Patrinos (N.O) v Theresa (883/2021) [2021] ZAFSHC 226 (17 September 2021) In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers

Property Law Update | Financially struggling unit owner: May trustees agree on settlement amount?

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81 (23 September 2021) This judgment is very important for trustees and managing agents. It explains why trustees and managing agents, whether or not out of goodwill, will

Property Law Update | Trustees Successfully limiting levy defaulter’s access to certain owner perks

McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021) The golf estate where the complainant in this matter owned units, offered to its owners the option, with the consent of the trustees, to rent

Property Law Update | Absent provision to the contrary, a deposit must be returned on failure of the agreement

Property Law Update | Remission of rent due to Covid: Remedy available for sub-tenant?

Property Law Update | Sectional title trustees’ resolutions that impact the rights of outsiders: on what basis may a court intervene?

Property Law Update | The risks of half-truths about a leaking roof in the sale of a home

Property Law Update | Illegal use of property: Bite the bullet and pay the penalties

Property Law Update | Revoking a purchaser’s access to property in delayed transfer

Thought of the Week | The importance of a conveyancer’s certificate for property development or improvement

Property Law Update | Sale subject to ‘obtaining funds from’ an inheritance

Property Law Update | Financially struggling unit owner: May trustees agree on settlement amount?

Property Law Update | Trustees Successfully limiting levy defaulter’s access to certain owner perks

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