DERAILED DEVELOPMENT PLANS, VOETSTOOTS AND A SELLER’S SILENCE
Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015) [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.
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The Judgment
Summary of the Judgment
DIVORCE SETTLEMENT LIMITS RIGHTS TO DEAL WITH PROPERTY
Pieterse v Pieterse and Others (93393/2015) [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.
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The Judgment
Summary of the Judgment