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).
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.
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?