Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 09 – 2018

PITFALLS IN EXERCISING A RIGHT OF FIRST REFUSAL

Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others (1206/2016) [2018] ZASCA 41 (28 March 2018)

In essence a right of first refusal in the hands of a tenant has two components: there is an undertaking by the landlord not to sell the property to a third party without giving the tenant the right of first refusal; and the landlord is obliged to offer the property for sale to the tenant at the price and on equal terms to that offered to the third party. Including a right of first refusal in a lease usually involves the obligation that all the detail of the third party’s offer be made known to the tenant, otherwise he is not able to exercise his rights. This judgment supports this logic and illustrates how things can go wrong if the third party’s full offer has not been presented to the tenant.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-first set of notes for your STSMA Reference Guide, Prescribed Management Rule 30 is discussed.

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Prescribed Management Rule 30
(N.B. Print in landscape)

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