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 11-2020

SUBSIDENCE: STRICT LIABILITY TO SUPPORT A NEIGHBOUR’S LAND

Petropulos and Another v Dias (1055/2018)[2020] ZASCA 53 (21 May 2020)

Your neighbour’s building activities, conducted in terms of approved plans, causes subsidence on your property and damage to your home. Is there a legal duty on landowners to provide lateral support, i.e. to have your land physically supported by adjoining land in built-up urban areas? Must negligence be proved? This judgment settles the law in this regard, holding that that the duty of lateral support exists in an urban environment. It is a strict liability which extends to buildings on contiguous pieces of land provided that, in the specific circumstances, there is a link between the conduct complained of and the damage that resulted.
The Judgment can be viewed here.

The Judgment
Summary of the Judgment

SHARE BLOCK SCHEME-PROBLEMS WITH SWOPPING SHARES IN A GARAGE

Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014)[2020] ZAKZPHC 15 (22 May 2020)

Difficulties present when a share block with certain allocated rights are sold to a new purchaser without a physical identification of the area sold, as this judgment illustrates. Here the seller sold a share block and use agreement which granted access to a garage with the number 28, but which lacked any reference to a particular physical garage which was swopped with another shareholder in the meantime. What did the buyer purchase?
The Judgment can be viewed here.

The Judgment
Summary of the Judgment