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 16 – 2020

TRADING IN PROPERTY? THE SALE MUST BE ADVERTISED

Hyde Construction CC v K2013046547 (South Africa) (Pty) Ltd and Others (9179/2019) [2020] ZAWCHC 31 (29 April 2020)

Our law requires that when a trader sells any part of his business other than in the normal course, such trader must publish a notice of his intention to do so in order to protect creditors of the business. Serious consequences can flow from the failure to comply with this requirement, such as the voidability of a subsequent sale and transfer, and bond registration. Let your conveyancer assist when you are selling property that is ‘stock in trade’.

The Judgment can be viewed here.

The Judgment
Summary of the Judgment

CREDITORS CAN LEAD TO THE SETTING ASIDE OF A PROPERTY PURCHASE

M and Another v Murray and Others (251/2019) [2020] ZASCA 86 (9 July 2020)

In a judgment that tells a story of intricate planning to disseminate a pension fund pay-out at a time when the recipient anticipated insolvency, the very real risks that arise are illustrated. In this instance, it included that the payments made for the alleged purchase of properties and in terms of a sham divorce, had to be reversed.

The Judgment can be viewed here.

The Judgment
Summary of the Judgment