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 – 2022


Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022)

Apart from the emotional strain that accompanies the break-up of a cohabiting couple, it is another hurdle to untangle the financial implications, especially where a property was owned jointly and mortgaged. The judgment below is a case in point. The ex-partners had entered into an agreement that the one’s half share in the property would be bought out by Mr S. However, the ex-partners had initially bought the property with bond financing and thus were co-debtors for the entire outstanding bond debt. S qualified for a bond for the value of the half share, but not the full amount of the debt as a co-debtor. The Court thus granted the order for termination of the joint ownership, meaning a sale of the property and division of the proceeds.

The Judgment
Summary of the Judgment


The Trustees for the Time Being of the Hunter Family Trust v Duin-en-See (Pty) Ltd and Others (5035/2017) [2022] ZAWCHC 141 (26 July 2022)

This judgment is of interest as it illustrates the provisions in the Share Blocks Control Act that allow for recognition of a share block scheme that was in place before the Act became operational. With recognition as such a scheme, comes the protection that is offered to shareholders by the Act. The judgment further confirms that shareholders who transfer their shares in a company owning immovable property and operating a share block scheme, are transferring shareholder rights and not an interest in the immovable property of the company.

The Judgment
Summary of the Judgment

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