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 – 2022

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD?

Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022)

The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this service, the legislature had intended that it becomes the primary forum for the adjudication and resolution of disputes that fall within the wide ambit of the Ombud’s jurisdiction. When there is a dispute between the management and a resident, the choice to go to court “just because you can” rather than to the Ombud, might cost you. The judgment below is a case in point.

The Judgment
Summary of the Judgment

NO WRITTEN AGREEMENT, NO TRANSFER OF PROPERTY

Huma v Kruger N.O. and Others (39164/2020) [2022] ZAGPJHC 70 (16 February 2022)

Often, whether between ex-spouses, family members or business partners, persons make deals regarding their property outside of the usual framework where an estate agent or attorney is involved. They are then not advised of the requirement that the transaction must be recorded in a written agreement, and signed, to be valid. The judgment discussed here is just such a scenario where ex-spouses (apparently) agreed orally on a “hand-over” of the home, the receiving ex-spouse also taking over the bond repayments. When one passes away, can the other claim that he is the owner of the home?

The Judgment
Summary of the Judgment

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