Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 11 – 2021

THE SCARE OF DOUBLE SALES: WHO GETS THE PROPERTY?

Fulsome Properties (Pty) Ltd v Selepe and Others (14001/2021) [2021] ZAGPPHC 196 (6 April 2021)

It occurs more often than one would imagine that a property is sold by its owner to more than one person during the same period of time. If the purchasers are both in good faith, it causes great difficulty to find a fair way out of the conundrum. In the present matter, the later purchase was one in installments, and the agreement was recorded against the title deed of the land, a requirement for installment sale agreements of immovable property. How does that impact the rights of the first purchaser, who had in the meantime put tenants in the property after concluding the (first) sale agreement, which was not an installment sale agreement?

The Judgment
Summary of the Judgment

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