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 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