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 10 – 2019

FREE REIGN IN TRUSTS?

Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019)

“Trustees of a trust are bound by the four corners of the trust deed and have to give effect thereto. If a trust deed does not make provision for something, as a general rule, it cannot be done.” This statement from the judgment gives a clue regarding the dispute addressed here: can a trustee manipulate provisions of the trust deed to suit changed circumstances, such as a serious fall-out with a beneficiary? The Judgment can be viewed here.

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The Judgment
Summary of the Judgment

CSOS ACTION: DOES AUTHORITY EQUATE TO LEGAL CAPACITY TO ACT?

The Body Corporate of Duroc Centre v Singh (AR99/18) [2019] ZAKZPHC 29 (13 May 2019)

A valuable lesson in this judgment for trustees, managing agents and property managers. In short, it related to the question whether someone who was appointed as a property manager by a company that owns units in a sectional title scheme has the necessary locus standi (legal capacity to act) to lodge an application at the Community Schemes Ombud. The incumbent was authorised to do so by a resolution passed by the company, but the question remained whether this met the requirements of the legislation giving locus standi to owners and those materially affected by a dispute.

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The Judgment
Summary of the Judgment