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 17 – 2017

LEARNING AFTER TRANSFER THAT ALL TRUSTEES DID NOT SIGN

Jacobs N.O. and Others v Salut La Vie Estate (Pty) Ltd; In re: Salut La Vie Estate (Pty) Ltd v Jacobs N.O. and Others (1146/2016) [2017] ZANCHC 11
(10 February 2017)

The abstract theory of transfer means, in essence, that where there was consensus between two parties to transfer a property, coupled with registration of transfer in a deeds office, then an underlying defect in the sale agreement does not affect the validity of transfer. Could it then be argued that a transfer based on an agreement in which a trust signed a sale agreement with only two of the three required trustees signing, was unassailable? The question raised here was in the context of an exception to a seller’s claim, but the conclusion is a warning note that trustees must ensure that all signatories are party to an agreement.

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The Judgment
Summary of the Judgment

STBB’S STSMA REFERENCE GUIDE

In this, the twenty-fifth set of notes for your STSMA Reference Guide, Prescribed Management Rule 4 is discussed.

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Prescribed Management Rule 4
(N.B. Print in landscape)

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