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 – 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

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