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 01 – 2021

TENANT’S ‘RIGHT TO BUY’ PORTION OF A FARM TRUMPED WHEN THE WHOLE FARM IS SOLD?

Platterkloof RMS Broedery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd and Another (7836/2020) [2021] ZAWCHC 1 (4 January 2021)

In this case a lessee of two portions of a farm that consisted of six portions sought to exercise his pre-emptive rights when the farm was sold as a whole. The pre-emptive rights related to the two portions only and the lessee argued that, at the time of the sale to the third party, the owner of the farm was duty bound and contractually obligated to offer the two portions to him by virtue of the pre-emptive right. The Court held however that, in the absence of provisions in the pre-emption clause to the contrary, this was not so simple.

The Judgment 
Summary of the Judgment

 

“BALANCE” DOES NOT ALWAYS SEEM FAIR

Vukeya v Ntshane and Others (518/2019) [2020] ZASCA 167 (11 December 2020)

Where a husband who is married in community of property sells land without the consent or knowledge of his spouse to an unsuspecting purchaser, is the law on the side of the wife or the purchaser?

Insofar as the spouse sought relief against the purchaser, the Matrimonial Property Act provides that a balance between the interests of the non-consenting spouse, on the one hand, and the bona fide third party, on the other, must be achieved. If the purchaser made a reasonable effort to ascertain what the seller’s marital status was, he is entitled to rely thereon and the court will not order cancellation of the sale and transfer. The outcome in this judgment is an illustration on point.

The Judgment
Summary of the Judgment