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 03 – 2016

RENEWING AN OPTION: ‘I DO’ IS THE MESSAGE TO CONVEY

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (22362/2015) [2015] ZAGPPHC 841
(11 December 2015)

When exercising an option, the prescripts of the wording of the option must be followed and a simple “I do” usually demonstrates a clear, unambiguous exercise of the option. This judgment illustrates that commencing negotiations in respect of a lease renewal option, where a clear ‘yes’ or ‘no’ was required, can fall short of conveying affirmation of the exercise of the option, with costly consequences.

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The Judgment
Summary of the Judgment

 

DISTINCTION BETWEEN SAME SEX AND OPPOSITE SEX COUPLES WHEN THERE IS NO WILL

Duplan v Loubser NO and Others (24589/2015) [2015] ZAGPPHC 849 (23 November 2015)

Cohabiting couples are often cautioned regarding the need and prudence to properly arrange their affairs in an agreement to address, amongst other things, the division of assets when their relationship comes to an end. The legal consequences for both same sex and opposite sex partners, if this is not addressed in an agreement or will, are illustrated in this judgment. In the intestate succession scenario, unmarried opposite sex couples may find themselves in unenviable positions.

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The Judgment
Summary of the Judgment