Property Law Update Archives - Page 11 of 28

Property Law Update | Issue 10 – 2021

CONSTITUTIONALLY INVALID AGREEMENT ENFORCABLE BY COURT’S DISCRETION? BW Brightwater Way Props (Pty) Ltd v Eastern Cape Development Corporation (1235/2019) [2021] ZASCA 47 (19 April 2021) What happens when government leases a hotel property to you and then, when you ask

Property Law Update | Issue 09 – 2021

SELLING THAT WHICH YOU DO NOT YET HAVE Tomlinson and Another v Tomlinson N.O and Others (11764/2015) [2021] ZAKZDHC 8 (19 March 2021) If A sells B’s property to C, the resultant legal position is that A is obliged to

Property Law Update | Issue 08 – 2021

EAAB TAKEN TO TASK TO ISSUE FFCs ON TIME Real Estate Business Owners of South Africa NPC and Others v Estate Agency Affairs Board and Another (3968/2021) [2021] ZAGPJHC (15 March 2021) Persistent hitches at the Estate Agency Affairs Board

Property Law Update | Issue 07 – 2021

INAPPROPRIATE ASSISTANCE TO DRAFT CLIENT’S WILL Ditmar and Others v Lotter NO and Others (5296 / 2020) [2021] ZAWCHC 41 (5 March 2021) Bequeathing assets to heirs is a very emotional and important act for any individual. If the testator

Property Law Update | Issue 06 – 2021

COMPANY DEREGISTERED: WHO GETS THE OWNERLESS PROPERTY? Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34 (19 February 2021) Deregistration of companies failing to comply with statutory requirements has become the order of the day, and

Property Law Update | Issue 05 – 2021

THE TRUSTEES ARE NOT DOING THEIR JOB Haitas v Froneman and Others (1158/2019) [2021] ZASCA 1 (6 February 2021) Our courts are often called upon to adjudicate in matters relating to a trust’s management. The present judgment is another, dealing

Property Law Update | Issue 04 – 2021

THREE SHADES OF SPOLIATION Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021) Spoliation is sometimes perceived as an odd remedy: how can the fact of possession of, for

Property Law Update | Issue 03 – 2021

THE CPA & THE LANDLORD’S RIGHT TO CANCEL A SUBSEQUENT MONTH-TO-MONTH AGREEMENT Magic Vending (Pty) Ltd v Tambwe and Others (19432/2019) [2020] ZAWCHC 175 (7 December 2020) The Consumer Protection Act brought about much change in residential lease practice

Property Law Update | Issue 02 – 2021

BUILDING PLANS ARE MORE THAN JUST PAPERWORK Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020) In this matter, a homeowner not only deviated from its

Property Law Update | Issue 01 – 2021

TENANT’S ‘RIGHT TO BUY’ PORTION OF A FARM TRUMPED WHEN THE WHOLE FARM IS SOLD? Platterkloof RMS Broedery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd and Another (7836/2020) [2021] ZAWCHC 1 (4 January 2021) In this case a lessee