Property Law Update Archives - Page 15 of 28

Property Law Update | Issue 12 – 2019

SALE SUBJECT TO “SUCCESSFUL SALE” OF PURCHASER’S HOME: WHAT DOES THIS MEAN AND MORE Terry and Another v Solfafa and Others (2263/2019) [2019] ZAFSHC 143 (29 August 2019) This is an interesting judgment that combines many grounds often raised by

Property Law Update | Issue 11 – 2019

CHANGE OF USE: A TEST FOR THE SECTIONAL TITLE SCHEMES MANAGEMENT ACT Mineur v Baydunes Body Corporate and Others (11020/2018) [2019] ZAWCHC 59; [2019] 3 All SA 611 (WCC) (24 May 2019) In this matter, the body corporate of a

Property Law Update | Issue 10 – 2019

FREE REIGN IN TRUSTS? Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019) “Trustees of a trust are bound by the four corners of the trust deed and have to give effect

Property Law Update | Issue 09 – 2019

ORAL RIGHT OF ACCESS TO PROPERTY GETS YOU NOWHERE Roux and Others v Groenewald and Others (40691/2018) [2019] ZAGPPHC 273 (14 June 2019) This judgment serves as a reminder that the Alienation of Land Act requires that the granting of

Property Law Update | Issue 08 – 2019

SPLITTING HAIRS OVER SPLITTING COMMISSION Beijers v Harlequin Duck Properties 231 (Pty) Ltd t/a Office Space Online (1216/2017) [2019] ZASCA 89 (31 May 2019) This judgment deals with a dispute between two commercial brokers regarding payment of commission. In the

Property Law Update | Issue 07 – 2019

ACCESS TO ELECTRONIC COMMUNICATIONS NETWORKS UNDER YOUR PROPERTY Dennegeur Estate Home Owners Association and Another v Telkom SA SOC Ltd and Another (366/2018) [2019] ZASCA 37 (29 March 2019) If Telkom was the incumbent network service provider in respect of

Property Law Update | Issue 06 – 2019

CANCELLING INSTALMENT SALES: DUE DATES OF PAYMENTS CRITICAL Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47; 2019 (2) BCLR 193 (CC) (28 November 2018) The Alienation of Land Act prohibits the seller in an instalment

Property Law Update | Issue 05 – 2019

AGENCY CONVERTING FROM CC TO COMPANY: EXISTING FFC STILL VALID? Tria Real Estate (Pty) Ltd v Labuschagne and Another (5583/2018) [2018] ZAFSHC 198 (6 December 2018) Where an estate agency converted form a close corporation to a company, are the

Property Law Update | Issue 04 – 2019

BUILDING OBJECTIONABLE, UNSIGHTLY OR DISFIGURING OF AREA? APPLY LEGITIMATE EXPECTATION TEST Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019) This Constitutional

Property Law Update | Issue 03 – 2019

LEASE WORDING: AGREEING TO AGREE TO RENEW ON NEW TERMS: ENFORCEABLE? Violetshelf Investments (Pty) Ltd v Chetty (24858/18) [2019] ZAGPJHC 1 (28 January 2019) This judgment deals with the scenario where a tenant is granted an option to renew a