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 15 – 2019

IS THERE A RIGHT TO BURY ON A FARM IF NEITHER THE OCCUPIER OR DECEASED RESIDED THERE?

Sandvliet Boerdery (Pty) Ltd v Mampies and Another (107/2018) [2019] ZASCA 100; [2019] 3 All SA 709 (SCA) (8 July 2019)

Owners of farms on which historical graveyards exist should take note that families of those who have been buried there and who enjoy protection under the Extension of Security of Tenure Act, might, in certain circumstances, have a right to continue to use these graveyards even if they do not reside on the property. This is an important fact to disclose to a potential purchaser. The Judgment can be viewed here.

The Judgment
Summary of the Judgment

ALL ABOUT THE ELECTRONIC DEEDS REGISTRATION SYSTEMS ACT

Electronic Deeds Registration Systems Act 19 of 2019

The Electronic Deeds Registration Systems Act was signed into law on 2 October this year. Although not yet operational, it formally announces that South Africa has adopted a system of electronic deeds registration. The Act can best be described as ‘enabling legislation’, in that it provides the framework to commence development and implementation of such a system, moving away from the current paper and written signature requirements in the deeds office.

Summary

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