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 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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