Property Law Update Archives

Property Law Update | Issue 1 – 2020

WITHDRAWING AN IRREVOCABLE OFFER BEFORE ACCEPTANCE – AUCTION WOES W & A Le Roux Slaghuis (Pty) Ltd and Another v Van Niekerk (A554/17) [2019] ZAGPPHC 577 (4 December 2019) In a judgment that creates some precedent for auction sales, the

Property Law Update | Issue 18 – 2019

DEEMING PROVISION IN S 5(5) OF THE RENTAL HOUSING ACT WHEN A LEASE EXPIRES AND THE TENANT STAYS ON: CAN IT BE REBUTTED? Sharma v Hirschowitz and Others (A3064/18) [2019] ZAGPJHC 434 (4 November 2019) In order to assist in

Property Law Update | Issue 17 – 2019

EXECUTION SALE: INSIGHT INTO THE PROCESS & DIFFICULTIES WHEN THE COURT DETERMINED RESERVE PRICE IS NOT MET Hancock and Another v Nedbank Limited and Others (905/2018) [2019] ZAFSHC 219 (14 November 2019) This judgment sketches bits of the practicalities of

Property Law Update | Issue 16 – 2019

ON BUILDING INDUSTRY BARGAINING COUNCIL OF THE CAPE OF GOOD HOPE This judgment concerns a dispute about the sale of a state-subsidised property in contravention of a title condition that prohibited the alienation of the property to a third party

Property Law Update | Issue 15 – 2019

IS THERE A RIGHT TO BURY ON A FARM IF NEITHER THE OCCUPIER OR DECEASED RESIDED THERE? Sandvliet Boerdery (Pty) Ltd v Mampies and Another (107/2018) [2019] ZASCA 100; [2019] 3 All SA 709 (SCA) (8 July 2019) Owners of

Property Law Update | Issue 14 – 2019

COMMON LAW PRINCIPLES: VERBAL MANDATE TERMINATED AT SHORT NOTICE Liberty Group Limited and Others v Mall Space Management CC t/a Mall Space Management (644/18) [2019] ZASCA 142 (1 October 2019) Under common law, a mandate is generally terminable at the

Property Law Update | Issue 13 – 2019

ORAL AGREEMENT: OPTION TO PURCHASE VS PRE-EMPTIVE RIGHT Kretzmann v Kretzmann and Another (2644/2018) [2019] ZAECPEHC 54 (27 August 2019) In 2017 the Constitutional Court declared that a pre-emptive right to purchase property need not be reduced to writing in

Property Law Update | Issue 12 – 2019

SALE SUBJECT TO “SUCCESSFUL SALE” OF PURCHASER’S HOME: WHAT DOES THIS MEAN AND MORE Terry and Another v Solfafa and Others (2263/2019) [2019] ZAFSHC 143 (29 August 2019) This is an interesting judgment that combines many grounds often raised by

Property Law Update | Issue 11 – 2019

CHANGE OF USE: A TEST FOR THE SECTIONAL TITLE SCHEMES MANAGEMENT ACT Mineur v Baydunes Body Corporate and Others (11020/2018) [2019] ZAWCHC 59; [2019] 3 All SA 611 (WCC) (24 May 2019) In this matter, the body corporate of a

Property Law Update | Issue 10 – 2019

FREE REIGN IN TRUSTS? Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019) “Trustees of a trust are bound by the four corners of the trust deed and have to give effect

Property Law Update | Issue 1 – 2020

Property Law Update | Issue 18 – 2019

Property Law Update | Issue 17 – 2019

Property Law Update | Issue 16 – 2019

Property Law Update | Issue 15 – 2019

Property Law Update | Issue 14 – 2019

Property Law Update | Issue 13 – 2019

Property Law Update | Issue 12 – 2019

Property Law Update | Issue 11 – 2019

Property Law Update | Issue 10 – 2019

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