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Property Law Update | Issue 10 – 2024

“CITY OF TSHWANE NOT OBLIGED TO RESTORE POWER TO A COMMERCIAL SCHEME WITH MASSIVE DEBT City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/2022) [2024] ZASCA 51 (18 April 2024) Vresthena, the owner of six of the

Property Law Update | Issue 9 – 2024

“MOUNTAINS ARE NOT FAIR OR UNFAIR – THEY ARE DANGEROUS”. SO TOO IS AGREEING TO OBLIGATIONS UNDER A LOAN AGREEMENT 68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024) The above

Property Law Update | Issue 8 – 2024

LEARN FROM THE PITFALLS ARISING FROM ORAL MANDATES Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024) Nowadays, with so much business activity conducted digitally, it comes almost as a surprise to find that persons in

Property Law Update | Issue 7 – 2024

SOME WELCOME GUIDANCE ON THE CPA AND PRIVATE LEASES Venter and Another v Els and Another (3639/2024) [2024] ZAWCHC 83 (18 March 2024) The application of the Consumer Protection Act to once-off or other private leases, has caused much confusion

Property Law Update | Issue 6 – 2024

WILFUL IGNORANCE LANDS PROPERTY SELLERS WITH LIABILITY FOR DAMP DAMAGES Gortzen and Another v Moolman (A3022-2021) [2024] ZAGPJHC 1780 (28 February 2024) Getting the home showroom ready, remaining wilfully ignorant of the obvious, and allowing reckless half-truths to prevail, all

Property Law Update | Issue 5 – 2024

DEFAULTING PURCHASER SEEKS TO INTERDICT ON-SELLING Fatmols Lodges Proprietary Ltd v Botha and Others (017800/2023) [2024] ZAGPJHC 30 (17 January 2024) An anti-dissipation interdict is similar to an ‘ordinary’ interdict, but only to a certain extent. In a property law

Property Law Update | Issue 4 – 2024

COUNTER-OFFER IS THE RAIN ON A COMMISSION CLAIM PARADE J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021) [2024] ZAGPJHC 32 (15 January 2024) The heading gives away the outcome in this judgment that ordered the auctioneer to return the

Property Law Update | Issue 3 – 2024

LEVY DETERMINATION DISPUTED: OMBUD, TRUSTEES OR THE COURT – WHO DECIDES ON CORRECT AMOUNT? Kobi v Trustees For The Time Being Of The De La Rey Body Corporate and Others (A68/2022) [2023] ZAFSHC 128; 2024 (1) SA 174 (FB) (14

Property Law Update | Issue 2 – 2024

GUARANTEE OR SURETYSHIP: THEIR DIFFERENCES MATTER Standard Bank of South Africa Ltd v Wardkiss Property Holdings (Pty) Ltd (9324/22) [2023] ZAKZPHC 153 (19 December 2023) The distinction “often turns on a knife edge”, says academics, and telling a guarantee apart

Property Law Update | Issue 1 – 2024

TRUSTEES’ GOOD FAITH OBLIGATION: LEAVE PERSONAL BATTLES ASIDE Body Corporate of Sunnyside Gardens v Perreira ZAGPPHC 1960 (28 November 2023) Making oneself available as a trustee in a sectional title scheme is not without challenges. It obliges the appointed person