Property Law Update Archives

Property Law Update | Issue 11 – 2022

PRESCRIPTION NOT A DEFENCE AGAINST THE DILIGANT CLAIMANT’S EFFORTS Rademeyer v Ferreira (343/2021) [2022] ZASCA 92 (17 June 2022) Some 14 years after entering into a sale agreement and paying the deposit, the purchaser remained obstinate in his refusal to

Property Law Update | Issue 10 – 2022

FIRING YOUR MANAGING AGENT AND OTHER TRUSTEE CHALLENGES The Body Corporate of Brushwood Sectional Title Scheme vs Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022) It is not often that a matter is reported dealing with

Property Law Update | Issue 09 – 2022

ALARM BELLS: YOU’RE A TRUSTEE OF A TRUST TOGETHER WITH YOUR EX PM N.O and Another v DM N.O and Another (26855/2021) [2022] ZAGPPHC 313 (4 May 2022) Of course it can be very tricky to remain a trustee of

Property Law Update | Issue 08 – 2022

REZONING DECISION: MUNICIPAL BY-LAW WORDING NOT TO BE WATERED DOWN BY RELIANCE ON CONTEXT OF DELIBERATIONS WHEN THE BY-LAW WAS CONSIDERED Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020) [2022] ZAWCHC 71 (11 May 2022) Stellenbosch’s

Property Law Update | Issue 07 – 2022

PREMISES LEASED FOR PURPOSES OUTSIDE ZONING ALLOWANCE: IS THE AGREEMENT VOID? Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022) The answer to the above was in the affirmative, in this judgment, and the landlord was

Property Law Update | Issue 06 – 2022

NOT KNOWING AND PRESCRIPTION Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022) The judgment tells a story of the on-sale of a farm that was subdivided and consolidated over years, so that later on both

Property Law Update | Issue 05 – 2022

CANCELLING A SALE AGREEMENT: NOT AS EASY AS YOU MAY HAVE THOUGHT Dolce Domus CC v Herholdt and Another (742/2021) [2022] ZAECPEHC 5 (24 February 2022) In this sale agreement, so many things went wrong! The seller’s feet turned cold

Property Law Update | Issue 04 – 2022

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD? Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022) The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this

Property Law Update | Issue 03 – 2022

‘LIFE RIGHT’ HOLDERS CAN HALT FURTHER DEVELOPMENT IN RETIREMENT SCHEME Flower Foundation Pretoria Homes for the Aged NPC v Registrar of Deeds, Pretoria and Others (942/2020) [2022] ZASCA 8 (20 January 2022) Legislation passed to protect holders of life rights

Property Law Update | Issue 02 – 2022

REPUDIAION MUST LEAVE NO DOUBT Pretorius v Bedwell (659/2020) [2022] ZASCA 4 (11 January 2022) When the relationship between contracting parties sour, there is often a pointing of fingers as to which one was the cause of the ultimate failure

Property Law Update | Issue 11 – 2022

Property Law Update | Issue 10 – 2022

Property Law Update | Issue 09 – 2022

Property Law Update | Issue 08 – 2022

Property Law Update | Issue 07 – 2022

Property Law Update | Issue 06 – 2022

Property Law Update | Issue 05 – 2022

Property Law Update | Issue 04 – 2022

Property Law Update | Issue 03 – 2022

Property Law Update | Issue 02 – 2022

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