Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant 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 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

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