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 – 2020

SECTIONAL TITLE AIRBnB SUB-LETTING: REVIEW OF TRUSTEE RESOLUTION NEGATIVELY IMPACTING ESTATE AGENCY

Bae Estates and Escapes (Pty) Ltd v Trustees, The Legacy Body Corporate and Another 2020 (4) SA 514 (WCC) 2020 (4) SA 514

In this matter the trustees of a body corporate resolved to disallow all owners from using a certain estate agency, due to problems that arose with AirBnB tenants in one owner’s unit. The agency assisted the owner to find tenants who, in turn, sublet the unit to AirBnB guests in terms of their agreement with the owner. The agency’s application to court sought an order reviewing and setting aside the resolution as it had a direct and significant impact upon the agency, a third party. And, in the circumstances where the resolution was not preceded by even a basic investigation by the trustees and managing agent of the underlying facts, not granting the owner or the agency any prior opportunity to make representations, the resolution was not rationally connected to the purpose for which it had been taken, was unreasonable and unlawful.
The Judgment can be viewed here.

Summary of the Judgment

UNREGISTERED SERVITUDE: NEIGHBOUR BLOCKING SHARED DRIVEWAY – WHAT RECOURSE IS THERE?

McLeroth v Naicker and Others (43885/2018) [2020] ZAGPJHC 177 (11 August 2020)

In this matter a dispute arose in a small development where it was self-evident that the 5 subdivided erven had to grant each other servitudes of right of way in order to access the sole driveway that gave access to a public road for each. Although servitudinal diagrams were approved by the Surveyor General, these were never registered against the title deeds. This judgment illustrates one way in which an owner can claim that such servitude must be recognized and registered in favour of her property.
The Judgment can be viewed here.

The Judgment
Summary of the Judgment