LAND INSTALMENT SALE: NO RECORDAL, NO DEBT ARISING?
Amardien and Others v Registrar of Deeds and Others (5283/2016)  ZAWCHC 14
(23 February 2017)
Where property is sold in an instalment sale agreement, our law requires the contract to be recorded within a certain timeline against the property’s title deed, essentially to protect the purchaser should the seller try to sell the property to a third party without the instalment-paying purchaser’s knowledge. To give teeth to this, the law further provides that a seller cannot claim compensation before such recordal. One may well wonder, as the court was asked to determine here, what happens if the contract was recorded late. Did the obligation to pay instalments come to a standstill in the meantime, or did the outstanding amounts nonetheless accrue and become immediately due and payable once the contract was recorded?
STBB’S STSMA REFERENCE GUIDE
In this, the sixteenth set of notes for your STSMA Reference Guide, section 17 of the Act is discussed.
Section 17 of the Act – Destruction of or damage to buildings (and winding up of affairs of a body corporate)
(N.B. Print in landscape)