Property Law Update Archives - Page 6 of 28

Property Law Update | Issue 16 – 2022

HOA PENALTY FOR NOT BUILDING IN TIME: IS TAKING A HARD LINE UNFAIR? De Wet N.O. and Others v Water’s Edge Home Association; De Kock N.O. and Another v Water’s Edge Home Association (A110/2022) [2022] ZAWCHC 155 (24 August 2022)

Property Law Update | Issue 15 – 2022

A BUYER FOR YOUR EX PARTNER’S HALF SHARE: CAN BE TRICKY Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022) Apart from the emotional strain that accompanies the break-up of a cohabiting couple, it is another hurdle to untangle

Property Law Update | Issue 14 – 2022

SECTIONAL TITLE SCHEME ADMIN CHAOS: WHAT A COURT WILL CONSIDER BEFORE APPOINTING AN ADMINISTRATOR The Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020) [2022] ZAGPJHC 498 (3 August 2022) Sectional title management law is, presently, premised on the

Property Law Update | Issue 13 – 2022

ELECTRICITY CUT BECAUSE YOUR LANDLORD DID NOT PAY THE MUNICIPALITY Wilrus Trading CC v The City of Tshwane Metropolitan Municipality and Another (36299/22) [2022] ZAGPPHC 509 (15 July 2022) In addition to the load shedding woes, imagine the anguish of

Property Law Update | Issue 12 – 2022

WILL SERVITUDES SURVIVE MERGER WHEN THE DOMINANT AND SERVIENT LANDS ARE ACQUIRED BY ONE PERSON AND LATER TRANSFERRED TO NEW OWNERS? Turnbury House Properties (Pty) Ltd v Wallin and Another (18924/2020) [2022] ZAWCHC 95 (18 May 2022) A praedial (land)

Property Law Update | Issue 11 – 2022

PRESCRIPTION NOT A DEFENCE AGAINST THE DILIGANT CLAIMANT’S EFFORTS Rademeyer v Ferreira (343/2021) [2022] ZASCA 92 (17 June 2022) Some 14 years after entering into a sale agreement and paying the deposit, the purchaser remained obstinate in his refusal to

Property Law Update | Issue 10 – 2022

FIRING YOUR MANAGING AGENT AND OTHER TRUSTEE CHALLENGES The Body Corporate of Brushwood Sectional Title Scheme vs Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022) It is not often that a matter is reported dealing with

Property Law Update | Issue 09 – 2022

ALARM BELLS: YOU’RE A TRUSTEE OF A TRUST TOGETHER WITH YOUR EX PM N.O and Another v DM N.O and Another (26855/2021) [2022] ZAGPPHC 313 (4 May 2022) Of course it can be very tricky to remain a trustee of

Property Law Update | Issue 08 – 2022

REZONING DECISION: MUNICIPAL BY-LAW WORDING NOT TO BE WATERED DOWN BY RELIANCE ON CONTEXT OF DELIBERATIONS WHEN THE BY-LAW WAS CONSIDERED Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020) [2022] ZAWCHC 71 (11 May 2022) Stellenbosch’s

Property Law Update | Issue 07 – 2022

PREMISES LEASED FOR PURPOSES OUTSIDE ZONING ALLOWANCE: IS THE AGREEMENT VOID? Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022) The answer to the above was in the affirmative, in this judgment, and the landlord was