Property Law Update Archives - Page 7 of 28

Property Law Update | Issue 06 – 2022

NOT KNOWING AND PRESCRIPTION Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022) The judgment tells a story of the on-sale of a farm that was subdivided and consolidated over years, so that later on both

Property Law Update | Issue 05 – 2022

CANCELLING A SALE AGREEMENT: NOT AS EASY AS YOU MAY HAVE THOUGHT Dolce Domus CC v Herholdt and Another (742/2021) [2022] ZAECPEHC 5 (24 February 2022) In this sale agreement, so many things went wrong! The seller’s feet turned cold

Property Law Update | Issue 04 – 2022

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD? Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022) The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this

Property Law Update | Issue 03 – 2022

‘LIFE RIGHT’ HOLDERS CAN HALT FURTHER DEVELOPMENT IN RETIREMENT SCHEME Flower Foundation Pretoria Homes for the Aged NPC v Registrar of Deeds, Pretoria and Others (942/2020) [2022] ZASCA 8 (20 January 2022) Legislation passed to protect holders of life rights

Property Law Update | Issue 02 – 2022

REPUDIAION MUST LEAVE NO DOUBT Pretorius v Bedwell (659/2020) [2022] ZASCA 4 (11 January 2022) When the relationship between contracting parties sour, there is often a pointing of fingers as to which one was the cause of the ultimate failure

Property Law Update | Issue 01 – 2022

PARTIES AGREE ON 3RD PARTY TO ASSESS VALUE OF SHARES IN DISPUTE: VALUER GETS ONE GO ONLY? Tahilram v Trustees of the Lukamber Trust and Another (845/2020) [2021] ZASCA 173 (9 December 2021) In shareholders’ agreements, provision is usually made

Property Law Update Issue 29 – 2021

SIGNING THE SALE AS EXECUTOR: WATCH OUT Bluegrass Trading 1112 CC t/a Rawson Properties v Ramsern and Another (39592/2019) [2021] ZAGPJHC 753 (30 November 2021) Married persons often appoint their spouses as executors in their deceased estates. When acting in

Property Law Update | Absent provision to the contrary, a deposit must be returned on failure of the agreement

Royal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021) [2021] ZAWCHC 241 (23 November 2021) A sells his Ferrari to B who happily puts down a 40% deposit. B approaches the bank for a short term loan for the

Property Law Update | Remission of rent due to Covid: Remedy available for sub-tenant?

Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 240 (19 November 2021) In our law, in specific instances, a tenant may claim remission of rental, in whole or in part,

Property Law Update | Sectional title trustees’ resolutions that impact the rights of outsiders: on what basis may a court intervene?

Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd and Another (304/2020) [2021] ZASCA 157 (5 November 2021) Trustees, as body corporate nominees, have no easy job. This judgment highlights how trustees,