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Property Law Update | Issue 24 – 2020

CAN A MORTGAGE BOND EMBODY A SALE? Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020) In this matter, the court was asked to declare that a mortgage bond document, in addition to constituting the

Property Law Update | Issue 23 – 2020

WARNING BELLS FOR BUILDING CONSTRUCTION, BUILDERS AND THEIR CLIENTS Rabe Bouers CC v Chaya (2328/2015) [2020] ZALMPPHC 83 (30 October 2020) The Housing Consumers Protection Measures Act has a double-edged sword. If the home builder is not registered with the

Property Law Update | Issue 22 – 2020

BAD VIBES NOT GROUND FOR THE REMOVAL OF CO-TRUSTEES Fletcher v McNair (1350/2019) [2020] ZASCA 135 (23 October 2020) The clients of property practitioners are often trusts and their trustees flight many a question in the course of the business

Property Law Update | Issue 21 – 2020

THREE TRUSTEES, A MAJORITY VOTE AND A PROPERTY SALE AGREEMENT DISPUTE Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020) The judgment deals with disputes that arose when a Trust purported to cancel one

Property Law Update – Issue 20 – 2020

FRAMING THE BODY CORPORATE’S CLAIM AGAINST THE DEVELOPER FOR BUILDING NEGLIGENCE Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019) [2020] ZASCA 107 (21 September 2020) It is perhaps surprising that something so simple

Property Law Update | Issue 19 – 2020

TRUSTEE PROFITING FROM SALE OF TRUST ASSETS: THINK TWICE Breetzke and Others NNO v Alexander NO and Others (232/2019) [2020] ZASCA 97 (2 September 2020) This judgment is about a trustee who manoeuvred the planned sale of the trust’s property

Property Law Update | Issue 18 – 2020

CLAIMING ARREAR RENTAL TODAY AND LOSS OF FUTURE RENTAL TOMORROW: THE “ONCE OF RULE.Brett N.O and Others v Kushner (CA 61/2019) [2020] ZAECGHC 86 (13 August 2020) This judgment raises an interesting point. Our common law has a “once off

Property Law Update | Issue 17 – 2020

SECTIONAL TITLE AIRBnB SUB-LETTING: REVIEW OF TRUSTEE RESOLUTION NEGATIVELY IMPACTING ESTATE AGENCY Bae Estates and Escapes (Pty) Ltd v Trustees, The Legacy Body Corporate and Another 2020 (4) SA 514 (WCC) 2020 (4) SA 514 In this matter the trustees

Property Law Update | Issue 16 – 2020

TRADING IN PROPERTY? THE SALE MUST BE ADVERTISED Hyde Construction CC v K2013046547 (South Africa) (Pty) Ltd and Others (9179/2019) [2020] ZAWCHC 31 (29 April 2020) Our law requires that when a trader sells any part of his business other

Property Law Update | Issue 15 – 2020

SOMETIMES PRUDENT TO AWAKEN SLEEPING DOGS Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020) A 10 year lease agreement included an option to renew, subject to agreement regarding adjusted rental. At the