Property Law Update Archives

Property Law Update | Issue 5 – 2025

LIVING TOGETHER: YOUR HOUSE, BUT I PAID FOR THE RENOVATIONS! R.D.M v M.D.K (8052/2019) [2025] ZALMPPHC 31 (19 February 2025) In matters relating to immovable property, attorneys are often confronted with disputes that arose after a relationship breaks down. Where

Property Law Update | Issue 4 – 2025

COLD FEET LANDS BUYER IN HOT WATER: COURT ORDERS SPECIFIC PERFORMANCE AFTER BUYER’S REPUDIATION OF SALE Cole v Talacar Holding (Pty) Ltd (A2024-025012) [2025] ZAGPJHC 46 (10 February 2025) This matter deals with, amongst other things, a buyer who sought

Property Law Update | Issue 3 – 2025

A TRUSTEE RESIGNS & NEW LETTERS OF AUTHORITY NOT YET ISSUED: CAN THE REMAINING TRUSTEES PASS A RESOLUTION? Die Orffer Landgoed (Pty) Ltd v Orffer N.O and Others (17494/2024) [2025] ZAWCHC 14 (23 January 2025) Case law repeatedly emphasises the

Property Law Update | Issue 2 – 2025

AGREEMENT DEEMING THAT SUSPENSIVE CONDITION HAS BEEN MET, AFTER THE DUE DATE FOR PERFORMANCE, TESTED Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another (853/2023) [2025] ZASCA 1 (9 January 2025) In this judgment, the

Property Law Update | Issue 1 – 2025

COURT ALLOWS BODY CORPORATE TO CUT ELECTRICITY TO SECTION Body Corporate The S[…] v Katisi (2023/031774) [2025] ZAGPJHC 2 (3 January 2025) Sound administration of a sectional title scheme cannot be achieved or maintained without collection of contributions due to

Property Law Update | Issue 25 – 2024

CYBERCRIME: DEBTOR TO SEEK OUT HIS CREDITOR Gripper & Company (Pty) Ltd v Ganedhi Trading Enterprises CC (4725/2024) [2024] ZAWCHC 352 (6 November 2024) Cybercrime is rampant. Schemes that divert money legitimately owed to one person to unauthorised bank accounts

Property Law Update | Issue 24 – 2024

BEWARE POTENTIAL HISTORICAL DEBT LIABILITY IN AN EXECUTION SALE Langlaagte Truck and Car CC v Ethekwini Municipality (9219/2023P) [2024] ZAKZPHC 94 (31 October 2024) In past years, there has been much controversy regarding liability for historical debt on a property

Property Law Update | Issue 23 – 2024

ATTEMPTING REVIVAL OF A SALE AGREEMENT BY WAY OF AMENDMENT Maria Luisa Palma Codevilla v Paula Jane Kennedy-Smith NO and Others (494/2023) [2024] ZASCA 136 (10 October 2024) Property sale agreements often have suspensive conditions, allowing a purchaser to indicate

Property Law Update | Issue 22 – 2024

MUNICIPAL CLEARANCE CERTIFICATES – MAY THE AMOUNT CLAIMED INCLUDE INTEREST ON ARREARS? Moatshi v City of Tshwane Metropolitan Municipality (45183/2018) [2024] ZAGPPHC 331 (11 April 2024) This judgment investigated whether section 118(1) of the Local Government: Municipal Systems Act allows

Property Law Update | Issue 21 – 2024

CAN ONE LOSE THE MONEY PAID FOR A LIFE RIGHT IN A RETIREMENT SCHEME? Herold Gie and Broadhead Inc v Harris N O and Others (602/2023) [2024] ZASCA 125 (13 September 2024) The Housing Development Schemes for Retired Persons Act