Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 09 – 2019

ORAL RIGHT OF ACCESS TO PROPERTY GETS YOU NOWHERE

Roux and Others v Groenewald and Others (40691/2018) [2019] ZAGPPHC 273 (14 June 2019)

This judgment serves as a reminder that the Alienation of Land Act requires that the granting of an interest in land by one person to another must be recorded in a written agreement to be valid. Here X bought a portion of Y’s property, having orally also negotiated for a right of access granting X a right of way over Y’s property to the new portion. This was never recorded in the sale agreement of the property or separately. Was the oral agreement binding?

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The Judgment
Summary of the Judgment

NHBRC ENROLMENT CERTIFICATE: ISSUING OF AMENDED VERSION WHEN SELLING VALUE DIFFERS FROM ENROLMENT VALUE

Uniqon Wonings (Pty) Ltd v National Home Builders Registration Council (2019/35086) [2019] ZAGPPHC 211 (10 June 2019)

This judgment deals with an acrimonious battle between a developer and the NHBRC, the former seeking the issue of revised enrolment certificates from the NHBRC, as the selling price of units it erected differed from the value declared on enrolment.

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The Judgment
Summary of the Judgment