Property Law Update Archives - Page 14 of 28

Property Law Update | Issue 4 – 2020

SMELLY: AGRICULTURAL LIVING OR ACTIONABLE NUISANCE? Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14 (27 February 2020) This judgment deals with smells originating from activities on a farm which are sometimes so severe

Property Law Update | Issue 3 – 2020

ANOTHER DEMOLITION OF ENCROACHING BUILDING ORDERED Bet-el Faith Mission v Motthamme and Others We have often before reported on case law where owners were ordered to demolish buildings built without municipal approval. This matter deals with a related scenario where

Property Law Update | Issue 2 – 2020

SERVITUDE RIGHT OF WAY FENCED IN: WHEN WILL THIS BE AN INFRINGEMENT? Langebosch (Pty) Ltd v Lubbe and Another (A221/2019) [2019] ZAWCHC 169 (10 December 2019) By its nature a servitude right of way gives one owner strong rights over

Property Law Update | Issue 1 – 2020

WITHDRAWING AN IRREVOCABLE OFFER BEFORE ACCEPTANCE – AUCTION WOES W & A Le Roux Slaghuis (Pty) Ltd and Another v Van Niekerk (A554/17) [2019] ZAGPPHC 577 (4 December 2019) In a judgment that creates some precedent for auction sales, the

Property Law Update | Issue 18 – 2019

DEEMING PROVISION IN S 5(5) OF THE RENTAL HOUSING ACT WHEN A LEASE EXPIRES AND THE TENANT STAYS ON: CAN IT BE REBUTTED? Sharma v Hirschowitz and Others (A3064/18) [2019] ZAGPJHC 434 (4 November 2019) In order to assist in

Property Law Update | Issue 17 – 2019

EXECUTION SALE: INSIGHT INTO THE PROCESS & DIFFICULTIES WHEN THE COURT DETERMINED RESERVE PRICE IS NOT MET Hancock and Another v Nedbank Limited and Others (905/2018) [2019] ZAFSHC 219 (14 November 2019) This judgment sketches bits of the practicalities of

Property Law Update | Issue 16 – 2019

ON BUILDING INDUSTRY BARGAINING COUNCIL OF THE CAPE OF GOOD HOPE This judgment concerns a dispute about the sale of a state-subsidised property in contravention of a title condition that prohibited the alienation of the property to a third party

Property Law Update | Issue 15 – 2019

IS THERE A RIGHT TO BURY ON A FARM IF NEITHER THE OCCUPIER OR DECEASED RESIDED THERE? Sandvliet Boerdery (Pty) Ltd v Mampies and Another (107/2018) [2019] ZASCA 100; [2019] 3 All SA 709 (SCA) (8 July 2019) Owners of

Property Law Update | Issue 14 – 2019

COMMON LAW PRINCIPLES: VERBAL MANDATE TERMINATED AT SHORT NOTICE Liberty Group Limited and Others v Mall Space Management CC t/a Mall Space Management (644/18) [2019] ZASCA 142 (1 October 2019) Under common law, a mandate is generally terminable at the

Property Law Update | Issue 13 – 2019

ORAL AGREEMENT: OPTION TO PURCHASE VS PRE-EMPTIVE RIGHT Kretzmann v Kretzmann and Another (2644/2018) [2019] ZAECPEHC 54 (27 August 2019) In 2017 the Constitutional Court declared that a pre-emptive right to purchase property need not be reduced to writing in