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 – 2020

SOMETIMES PRUDENT TO AWAKEN SLEEPING DOGS

Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020)

A 10 year lease agreement included an option to renew, subject to agreement regarding adjusted rental. At the end of the initial lease period and after indicating that it wanted to exercise the option to renew the lease, the tenant stayed on in the premises for a further 12 months, increasing the rental payment by its own doing in accordance with what it estimated was a market-related adjustment. Could the landlord then come and argue that the lease had lapsed after the initial period as there was no agreement on the rental amount?
The Judgment can be viewed here.

The Judgment
Summary of the Judgment

WHEN THE DIVORCE ORDER SAYS ONE THING AND THE DEEDS OFFICE RECORDS ANOTHER

Mohamed N.O v VGZ and Others (1372/2019) [2020] ZAECPEHC 20 (23 June 2020)

This judgment deals with an interesting factual scenario. What is an executor of a deceased estate to do where the deceased is reflected as co-owner of a property although the deceased previously agreed, in a divorce order, that his half share in the property would go to his wife? His wife, however, failed to effect transfer as was required in the divorce order. The executor argued that the wife did not comply with that condition of the divorce and that the property therefore had to be sold and the proceeds divided between her and the estate. Was this the correct avenue to follow?

The Judgment can be viewed here.

The Judgment
Summary of the Judgment