Property Law Update Archives - Page 8 of 28

Property Law Update | The risks of half-truths about a leaking roof in the sale of a home

Le Roux v Zietsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021) When the Zietsmans purchased a sprawling guesthouse, they were advised by the seller of one or two leaks in the roof which had been fixed. Three months

Property Law Update | Illegal use of property: Bite the bullet and pay the penalties

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA) (9 July 2021) The property owners in this matter rented out rooms in their home to students and young professionals, rendering

Property Law Update | Revoking a purchaser’s access to property in delayed transfer

Mutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021) There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was

Thought of the Week | The importance of a conveyancer’s certificate for property development or improvement

Every property has a title deed in which certain facts about that piece of land are recorded. Included in this title deed are the so-called ‘title conditions’ which, amongst other things, may list certain prohibitions on the use of the

Property Law Update | Sale subject to ‘obtaining funds from’ an inheritance

Patrinos (N.O) v Theresa (883/2021) [2021] ZAFSHC 226 (17 September 2021) In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers

Property Law Update | Financially struggling unit owner: May trustees agree on settlement amount?

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81 (23 September 2021) This judgment is very important for trustees and managing agents. It explains why trustees and managing agents, whether or not out of goodwill, will

Property Law Update | Trustees Successfully limiting levy defaulter’s access to certain owner perks

McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021) The golf estate where the complainant in this matter owned units, offered to its owners the option, with the consent of the trustees, to rent

Property Law Update | Case buyer and seller disputing whether the sale was subject to a condition to get a bond

McGrane v Cape Royale The Residence (Pty) Ltd (831/2020) [2021] ZASCA 139 (6 October 2021) We all know that when a dispute between a seller and buyer arises in the context of the sale of property, the party seeking to

Property Law Update | Sectional title owners’ various debts: It cannot all be claimed back by the body corporate upon the debtor’s sale of the unit

The Body Corporate Marsh Rose v Steinmuller and Others (A5002/2020) [2021] ZAGPJHC 440 (23 September 2021) Before an owner of a unit in a sectional title scheme can achieve transfer of his unit to a purchaser, a levy clearance certificate

Property Law Update | When exclusive use areas are “lost” upon sale by developer of last unit

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180 (31 August 2021) This judgment deals with the sticky scenario that arises when a developer