Property Law Update Archives - Page 13 of 28

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Property Law Update | Issue 14 – 2020

AN ESCAPE FROM CONTRACTUAL OBLIGATIONS BECAUSE THEY ARE UNFAIR? Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109 /19) [2020] ZACC 13(17 June) In recent times, there has been increasing debate

Property Law Update | Issue 13 – 2020

PURCHASER’S REMEDY WHERE PARKING BAY NOT CEDED ON TRANSFER OF UNIT Le Roux v Dunrobin Body Corporate and Others (10268/2019)[2020] ZAWCHC 53 (9 June 2020) It happens from time to time that, due to oversight, a formal cession of an exclusive use

Property Law Update | Issue 12-2020

NO FFC, NO COMMISSION – UNLESS YOUR DUCKS WERE IN A ROW Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019) [2020] ZASCA 63 (10 June 2020) In this important judgment handed down by the Supreme Court

Property Law Update | Issue 11-2020

SUBSIDENCE: STRICT LIABILITY TO SUPPORT A NEIGHBOUR’S LAND Petropulos and Another v Dias (1055/2018)[2020] ZASCA 53 (21 May 2020) Your neighbour’s building activities, conducted in terms of approved plans, causes subsidence on your property and damage to your home. Is there a

Property Law Update | Issue 10 – 2020

OCCUPIER WITH IMPROVEMENT LIEN AND THE NEW PROPERTY OWNER Lakka v Beukes and Another (CA&R 60/2018) [2020] ZANCHC 11 (23 March 2020) What happens if on transfer, the new owner finds an occupier in the home who refuses to move,

Property Law Update | Issue 09 – 2020

WHAT’S IN A NAME AND IMPOSSIBILITY OF PERFORMANCE Wilma Petru Kooij v Middleground Trading 251 CC and Another (1249 /18) [2020] ZASCA 45 (23 April 2020) Our law has always held that the title to an agreement cannot mask its

Property Law Update | Issue 08 – 2020

ONE MESSY TRIO: SELLER’S SARS WOES; DOUBLE SALE; 1ST PURCHASER REFUSING TO VACATE Narainsamy and Others v Nel and Another (15281/2014) [2020] ZAKZPHC 5 (28 February 2020) Living in an upmarket unit in central Cape Town almost for free for

Property Law Update | Issue 07 – 2020

I AM ACTING FOR OUR FAMILY TRUST: WARNING BELLS Rossiter NO v Nedbank Limited (AR94/19, 8244/2010) [2020] ZAKZPHC 7 (14 February 2020) What powers do you have to defend and raise actions in a court as trustee of a family

Property Law Update | Issue 06 – 2020

DONATING ASSETS TO CARE FOR A SECOND FAMILY ON DEATH: MUST THE CURRENT SPOUSE CONSENT? Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23 (25 March 2020) Where A, married in community of property to B, donates

Property Law Update | Issue 5 – 2020

PAY OUT ON MY SIGNATURE’S SAY-SO IN THE ELECTRONIC COMMUNICATION ERA Global & Local Investments Advisors (Pty) Ltd v Fouché (71/2019) [2019] ZASCA 08 (18 March 2020) This matter deals with a financial services provider that wrongly paid out client