Property Law Update Archives - Page 10 of 28

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Property Law Update | Sectional Schemes: When old and new rules clash

Royal Palm Body Corporate v Vahlati Investments (Pty) Ltd and Another (7214/2020P) [2021] ZAKZPHC 28 (1 June 2021) When the Sectional Title Schemes Management Act came into force in 2016, it changed large parts of the existing Sectional Titles Act.

Property Law Update | Caravan Homes on Agricultural land: Important prerequisites

Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021) Many people feel a little envious of others’ semi-permanent caravan homes, situated on a far-off piece of farmland away from city life, in respect of which they

Property Law Update | Offering alternative housing in hard cases not necessarily enough to get the eviction order

Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021) The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to

Property Law Update | Dispute referral to the Ombud: Essentially there for issues that bear on the community, says the court

Prag N.O and Another v Trustees for the time being of the Mitchell’s Plain Industrial Enterprises Sectional Title Scheme Body Corporate and Others (A260/2020) [2021] ZAWCHC 132 (16 July 2021) This is an interesting judgment following on a claim by

Property Law Update | Transfer and Bond Void: Chilling Thoughts

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021) As a trader, it is business as usual to sell stock in trade. However, a creditor becomes alarmed if a

Property Law Update | POPIA: Did it happen?

Yes and no. Many businesses labour under an incorrect impression that midnight, 30 June 2021, something would happen to them if they had not already uploaded a library of often unreadable policies onto their websites and sent mails to everyone

Body corporate cannot sit back after sequestrating defaulters

FirstRand Bank Limited v Master of the High Court (Pretoria) and Others (1120/19) [2021] ZASCA 33 (7 April 2021) When an insolvent company or individual’s assets are sold to pay its debts, and it becomes apparent that the value of

City living and acceptable noise: Tricky, but follow the rules

Van der Merwe and Others v Drenched Boxing (Pty) Ltd and Others (19222/2020) [2021] ZAWCHC 93 (5 May 2021) We have often before reported here on judgments that dealt with the levels of nuisance that property owners should reasonably bear

Accepting a commitment does not constitute a resolution to contract

Merifon (Pty) Ltd v Greater Letaba Municipality and Another (1112/2019) [2021] ZASCA 50 (22 April 2021) When spending R52 million or R5 on a property, semantics are important, especially where it relates to spending of public funds. As was illustrated

Property Law Update | Issue 11 – 2021

THE SCARE OF DOUBLE SALES: WHO GETS THE PROPERTY? Fulsome Properties (Pty) Ltd v Selepe and Others (14001/2021) [2021] ZAGPPHC 196 (6 April 2021) It occurs more often than one would imagine that a property is sold by its owner