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 14 – 2016

A PROMISE TO PAY NEEDS MORE THAN GOOD INTENTIONS

Nedbank Limited v Blue Sands Trading 537 CC and Others (9840/2014) [2016] ZAKZDHC 4
(15 February 2016)

Often when times are tough, homeowners approach their bondholders to negotiate alternative repayment terms. But a second chance requires nurturing, lest it counts against them when the crunch comes. The outcome here is illustrative of considerations at play when a court is asked to declare someone’s home executable, the judgment noting that “[f]or the purpose of the present application … the issue of the debtors’ payment history … was a factor that weighed heavily with me.”

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The Judgment
Summary of the Judgment

 

DEMOLITION ORDER AGAINST NEIGHBOUR’S ILLEGAL BUILDING

BSB International Link CC v Readam South Africa (Pty) Ltd (279/2015) [2016] ZASCA 58
(13 April 2016)

This is a confirmatory judgment where the Supreme Court of appeal upheld the court a quo’s judgment ordering a property owner to partially demolish those building works that contravened zoning provisions, on application by a neighbour. The National Building Regulations and Building Standards Act affords this remedy only on application by a municipality or the Minister and the importance here is that the court affirmed that at common law a court has a discretion to grant demolition, in appropriate circumstances, on application by a neighbour or third party whose rights are affected by the contravention of building regulations.

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The Judgment
Summary of the Judgment