Property Law Update Archives - Page 4 of 28

Property Law Update | Issue 12 – 2023

HOA COLLECTING DEBT: CHOOSE THE METHOD WISELY Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022) [2023] ZAGPPHC 737 (28 August 2023) A creditor, armed with a judgment debt in its favour, is often still

Property Law Update | Issue 11 – 2023

EVICTING STUDENTS: NOT ALL LEASES ARE ALIKE Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae) (1335/2021) [2023] ZASCA 108 (3 July 2023) In this matter the Supreme Court of Appeal held that

Property Law Update | Issue 10 – 2023

UNINCORPORATED HOA: PRESCRIPTION ALERT Long Beach Owners Association v Miles N.O – Trial (624/2020) [2023] ZAECMKHC 71 (30 May 2023) When does a debt prescribe that an owner owes to its unincorporated homeowners’ association? Section 13(1)(e) of the Prescription Act

Property Law Update | Issue 09 – 2023

24 HOURS FOR A LESSON HOW TO CANCEL A LEASE VALIDLY Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023) Often, when disputes arise in a lease or other agreement, both parties

Property Law Update | Issue 08 – 2023

PLAN APPROVAL A SALE CONDITION, BUT AGREEMENT SILENT ON WHO MUST PROCURE THIS Naidoo and Another v Sanders and Another (D1696/2020) [2023] ZAKZDHC 21 (4 May 2023) Part of the dispute in this judgment related to a suspensive condition in

Property Law Update | Issue 07 – 2023

SECOND SALE FOR A LOWER PRICE & DAMAGES SUFFERED Klopper N.O and Others v Marais and Another (4786/2019) [2023] ZAFSHC 65 (6 March 2023) Sale agreements have cancellation provisions stating what parties should do where the sale is to be

Property Law Update | Issue 06 – 2023

PROPERTY SELLER LIABLE TO PROVIDE OCCUPANCY CERTIFICATE? Werner and Another v Barnard N.O. and Others (8903/2021P) [2023] ZAKZPHC 32 (17 March 2023) This judgment raises the question whether a seller who undertook to give vacant occupation to a purchaser of

Property Law Update | Issue 05 – 2023

AGREEMENT VAGUELY REFERS TO CAVEAT AGAINST PROPERTY: GROUNDS TO WALK AWAY? Anioma Property (Pty) Ltd v DMFT Property Developers and Others (49230/2021) [2023] ZAGPJHC 209 (7 March 2023) Purchasers are often inattentive to details when putting pen to paper to

Property Law Update | Issue 04 – 2023

HOA CLAUSE OBLIGING OWNER TO BUILD WITHIN CERTAIN TIME, FAILS Chapman’s Bay Estate Homeowners’ Association v Lotter and Others (9387/2022) [2023] ZAWCHC 35 (24 February 2023) ‘Khalil Gibran was of the view that “between what is said and not meant,

Property Law Update | Issue 03 – 2023

TRUSTEE DUTIES BECOME MORE INVOLVED General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act, 2022 The legislative frenzy over the past few months to put systems in place to improve South Africa’s anti money laundering efforts is known to