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 13 – 2016

PRESCRIPTION OF CLAIM TO UNDO SALE AND TRANSFER OF LAND

Nuance Investments (Pty) Ltd v Maghilda Investments (Pty) Ltd and Others (15914/2012) [2015] ZAGPPHC 683 (23 September 2015)

From time to time contracting parties look for ways to undo their performance in terms of a sale agreement, especially in a case such as the present, where a developer realizes that due to restrictions imposed by the Subdivision of Agricultural Land Act, certain envisaged plans may not succeed. But such a claim can prescribe and the court in this instance laid down guidelines on how the prescription period will be calculated.

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The Judgment
Summary of the Judgment

 

LANDLORD TAKES OVER TENANT’S DUTY TO MAINTAIN CONDITION OF PROPERTY – WHAT CLAIM ARISES?

Reynecke v Nel (A281/2011) [2015] ZAFSHC 243
(3 December 2015)

To prevent his cattle traipsing across fences to the farms of others, the landlord in this matter attended to repairs of fences on the farm leased to a tenant, although this was the tenant’s duty in terms of the lease agreement. On termination of the lease, when the landlord instituted a claim for the costs thereof on the basis that the farm was not returned in the same condition it was in at the lease commencement, the tenant could validly counter by saying that the farm was in an even better condition as a result of the new fencing. What was the tenant’s correct cause of action?

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The Judgment
Summary of the Judgment