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