DERAILED DEVELOPMENT PLANS, VOETSTOOTS AND A SELLER’S SILENCE
Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015)  ZAGPPHC 835
(11 December 2015)
In this matter the purchaser’s plans to develop a tract of land had to be revisited after it learned of the existence of an unregistered road reserve on the property. A claim for a reduction in the contract price followed and the court, finding that it constituted a material defect, had to weigh up the implications of the fact that the seller knew of the purchaser’s envisaged plans and the defect.
DIVORCE SETTLEMENT LIMITS RIGHTS TO DEAL WITH PROPERTY
Pieterse v Pieterse and Others (93393/2015)  ZAGPPHC 815 (2 December 2015)
An interesting judgment in which the court confirms that a person cannot sell a property if, by virtue of a divorce settlement agreement that has been made an order of court, she required her ex-spouse’s consent to the selling price, despite the fact that she was the owner of the property.