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 04 – 2018

MARITAL STATUS: AVOID THESE PITFALLS WHEN CONCLUDING AGREEMENTS

Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18 (19 February 2018)

Most people are generally aware that in some large transactions, if they are married in community of property, they require the consent of their spouse. Less are aware that without such consent, the property transfer or donation could be invalid; and even fewer are aware of the fact that where a third party transacted with such a spouse in good faith, it is possible that the law will deem that there was consent. This judgment is a case in point where a man, married in community of property, donated shares in a CC that owns a property in Sea Point, to another woman with whom he had a longstanding affair.

The spouse did not consent to the donation and the question arose whether it could be deemed that the requisite consent was in place. A cautionary note for anyone dealing in agreements with someone who is married in community of property.

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The Judgment
Summary of the Judgment

BUILDING PLAN APPROVAL: HOW MUST THE MUNICIPALITY COME TO A DECISION?

City of Cape Town and Another v Da Cruz and Another (A313/17) [2018] ZAWCHC 5 (2 February 2018)

Despite a final ruling on the interpretation of section 7(1) of the National Building Regulations and Building Standards Act, the practical application thereof by officials in local authorities tasked with approving building plans remains a learning curve. This judgment is a case in point and explains the rule that where a local authority has an insignificant concern about, and finds it unlikely that a proposed building would disfigure the neighbourhood, would be unsightly or objectionable, or would derogate from the value of neighbouring properties, it is required to approve the application. The judgment illustrates how this works practically.

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The Judgment
Summary of the Judgment