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Property Law Update | Issue 02 – 2023

NOT QUITE A BENEFICIARY OF A TRUST: NO LOCUS STANDI FOR ORDER TO SEE ACCOUNTS N and Others v Maluleke N.O and Others (5983/2021) [2022] ZAGPPHC 911 (25 November 2022) There are many permutations in trust deeds regarding the way

Property Law Update | Issue 01 – 2023

TRUSTEE RESOLUTION FOR LOAN CONSTITUTES OSTENSIBLE AUTHORITY DESPITE REQUIRED NUMBER OF TRUSTEES NOT APPOINTED Nedbank Limited v Mhlari N O and Others (37766/2018) [2022] ZAGPJHC 719; 2022 (6) SA 438 (GJ) (22 September 2022) Practitioners dealing with trust transactions will

Property Law Update | Issue 24 – 2022

LEVIES FOR BALCONY MAINTENANCE: WHOSE RESPONSIBILITY? Baxter v Ocean View Body Corporate and Others (A170/2022) [2022] ZAWCHC 234 (16 November 2022) We know that in sectional title schemes the trustees raise levies to apply towards, amongst other things, the maintenance

Property Law Update | Issue 23 – 2022

HOLDER OF RIGHT OF WAY SERVITUDE SEEKS A GATE OVER THE ROAD: MUST THE SERVIENT LAND OWNER AGREE? Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021) [2022] ZASCA 137 (24 October 2022) Property owners appreciate that when a

Property Law Update | Issue 22 – 2022

LEASES, REMISSION AND COVID: MURKY WATERS Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021) [2022] ZASCA 152 (4 November 2022) This is yet another judgment dealing with the devastating effect that Covid and the

Property Law Update | Issue 21 – 2022

DISCONNECTING DEFAULTING SECTIONAL TITLE OWNERS’ WATER AND ELECTRICITY Lion Ridge Body Corporate v Alexander; Lion Ridge Body Corporate v Morata; Lion Ridge Body Corporate v Mukona and Another (17074/2022; 18106/2022; 19220/2022) [2022] ZAGPJHC 713 (21 September 2022) It might, on

Property Law Update | Issue 20 – 2022

TRUSTEES OF FAMILY TRUST CANNOT CRY FOUL IF THEY DID NOT DO THEIR HOMEWORK Nedbank Limited v Mhlari N O and Others (37766/2018) [2022] ZAGPJHC 719 (22 September 2022) When a Trust Deed stipulates that a certain number of trustees

Property Law Update | Issue 19 – 2022

WHICH WILL TRUMP: YOUR CONDUCT IN ASSUMING THE SALE DID NOT LAPSE, OR THE TIMEFRAMES FOR LAPSING STIPULATED IN THE CONTRACT? Thokan v Kriegler and Another (40781/2018) [2022] ZAGPJHC 680 (13 September 2022) The background facts in this judgment tells

Property Law Update | Issue 18 – 2022

CC MEMBER’S MAJORITY VOTE GETS HIM THE OTHER MEMBER’S INTEREST: HARSH OUTCOME NOT NECESSARILY UNJUST Marcelle Props 118 CC and Others v Bryan (A5076/ 2021) [2022] ZAGPJHC 671 (7 September 2022) Two colleagues hold members’ interest (split 75%/25%) in a

Property Law Update | Issue 17 – 2022

“IF YOU DON’T LIKE IT, LEAVE!”: IS THIS REPUDIATION OF THE LEASE BY THE LANDLORD? Highflyer Properties (Pty) Ltd v Franchkings (Pty) Ltd (40462/2019) [2022] ZAGPJHC 612 (29 August 2022) The answer is yes and no, it depends. The court