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 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

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