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 – 2020

PURCHASER’S REMEDY WHERE PARKING BAY NOT CEDED ON TRANSFER OF UNIT

Le Roux v Dunrobin Body Corporate and Others (10268/2019)[2020] ZAWCHC 53 (9 June 2020)

It happens from time to time that, due to oversight, a formal cession of an exclusive use area does not accompany the registration of transfer of ownership of the unit to the new purchaser. The Sectional Titles Act states that in such an instance the exclusive use area “vests” in the body corporate. Is the purchaser who paid the purchase price and transfer duty on the acquisition of both without a simple remedy? No, the Court held here, because there are provisions in the Deeds Registries Act that should be invoked to obtain cession (without a requirement to obtain a unanimous resolution from the body corporate).
The Judgment can be viewed here.

The Judgment
Summary of the Judgment

ORAL MANDATES VALID BUT RISKY

Pather v Wakefields Real Estate (Pty) Limited (AR82/2016) [2020] ZAKZPHC 16 (29 May 2020)

The protracted skirmishes between a seller and estate agent evidenced in this judgment illustrate the difficulties that arise when a mandate is not reduced to writing, confirmed via email or text message, or recorded in any other way. It opens up arguments regarding what was agreed or not. Sellers and estate agents should both make sure to record the details of their discussions, however informal the interaction may have been.
The Judgment can be viewed here.

The Judgment
Summary of the Judgment