Property Law Update Archives - Page 9 of 28

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Property Law Update | Relying on an agreement with a previous land owner to drive over a property

Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021) In an almost wild disregard for a farm owner’s rights, the mining company in this matter used a dirt road on a farm

Property Law Update | Cancelling a lease: The devil is in the detail, every time

Acire Property Holdings (Pty) Ltd v Banzi Trade 31 (Pty) Ltd t/a Brick-It (7889/2021) [2021] ZAGPPHC 542 (25 August 2021) To the naked eye, the following would probably appear to constitute a proper cancellation of a month-to month lease: “

Property Law Update | All the frill’s don’t make it a marriage

Botha v Steyn (13326/2014) [2021] ZAKZDHC 23 (2 August 2021) A and B, both South African citizens, got married in a splendid ceremony hosted at a hotel in London, or so A thought. The ceremony could not constitute a valid

Property Law Update | Hard lockdown and commercial tenant-landlord obligations

Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927) [2021] ZAGPJHC 150 (25 August 2021) Hard lockdown hit commercial tenants and their landlords without discriminating between the two. The court here was asked to find that a

Property Law Update | No escape from the simple words of the alienation of land act when selling or buying land

Stucky v Brechoost CC and Another (D5105/2020) [2021] ZAKZDHC 26 (18 August 2021) In pursuance of an oral agreement for the sale of land concluded in 2012, the purchaser signed an offer to purchase in 2018 and subsequently sought the

Property Law Update | Courts will hold you to a promise to pay

Jones v Jones (2472/2020) [2021] ZAECPEHC 42 (16 August 2021) The parties in this judgment used to be married. After their divorce in 2002, they kept close ties, Mrs J allowing her ex husband to use money owing to her

Property Law Update | “Guarantee as required by local authority” really means only that

Tramore Property Group (Pty) Ltd v Vosloorus Square CC (235/2020) [2021] ZASCA 41 (13 April 2021) This judgment teaches a valuable lesson. The seller of land to be developed cancelled the agreement due to the alleged non-compliance by the purchaser

Property Law Update | Sublessee becomes owner of leased land: Where does this leave the lessee’s rights?

Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd (437/2020) [2021] ZASCA 108 (5 August 2021) An owner cannot be a lessee of his own land and our law holds that a merger of rights occurs in

Property Law Update | Forum shopping in sectional title disputes: Court or CSOS?

Heathrow Property Holdings No 33 CC and Others v Manhattan Place Body Corporate and Others (7235/2017) [2021] ZAWCHC 109 (1 June 2021) The judgment deals with disgruntled sectional title owners who sought to resolve a dispute regarding a management rule

Property Law Update | Purchaser’s spouse gets the bond: Does the sale agreement stand?

Makepeace v San Lameer Villa 3212 CC and Others (52533/2020) [2021] ZAGPJHC 23 (5 March 2021) It is in the nature of a marriage relationship that the spouses’ affairs become intertwined to some extent. Here, the husband successfully bought a