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 07 – 2016

TENUOUS OWNERSHIP OF WILD THINGS

Eastern Cape Parks and Tourism Agency v Medbury (Pty) Lts t/a Crown River Safari and Another (1466/2013) [2016] ZAECGHC 2
(18 February 2016)

Ownership of game is only protected when game is held on land that is considered to be sufficiently enclosed. The land is considered to be sufficiently enclosed when it has been issued a formal ‘certificate of sufficient enclosure’ by the provincial premier. The case is illustrative of the consequences if no such certification is in place.

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The Judgment
Summary of the Judgment

 

DEVELOPER’S RATES LIABILITY AFTER OPENING TOWNSHIP REGISTER

Sable Hills Waterfront Estate Home Owners’ Association NPC v Sable Hills Waterfront Estate CC (39635/2013) [2015] ZAGPPHC 831
(10 December 2015)

This judgment is another in a growing string of matters in which developers approach a court for clarification on the basis for which they are held liable for homeowners’ association levies in respect of unsold erven in a new township. Their liability is first and foremost determined by the association’s governing documentation. As soon as the liability is linked to ownership of a property or erf in the township, it will include the developer who becomes owner of the unsold erven in the township register on registration, unless there are specific provisions to the contrary.

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The Judgment
Summary of the Judgment