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 19 – 2016

ZONING: DOES ‘INFORMAL HOUSING’ CONSTITUTE ‘DWELLING HOUSES’?

Educated Risk Investments 165 (Pty) Ltd v Ekurhuleni Metropolitan Municipality (308/2015) [2016] ZASCA 67 (20 May 2016)

This matter deals with the clash of interests between a developer of a township and the local authority who used a neighbouring (undeveloped) township for informal settlements. The Supreme Court of Appeal was asked to determine whether the informal housing constituted ‘dwelling houses’ as was prescribed by the relevant zoning scheme. It was also asked to address the question whether the local authority was obliged to comply with all the conditions of approval of the township or the sub-divisional conditions before permitting people to live there. It is a necessary read for all involved in property development.

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The Judgment
Summary of the Judgment

MY HOUSE FLOODED: MUNICIPALITY’S FAULT?

Abbott v Overstrand Municipality (99/2015) [2016] ZASCA 68 (20 May 2016)

In this matter the owner of a home on the banks of a river in Hermanus sought the review of the local authority’s refusal to take steps to prevent flood damage to his house. The issues centered around whether the municipality had a legal obligation to take such steps and whether a claim based on an alleged legitimate expectation that the municipality would take such steps, lay in the hands of the owner.

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The Judgment
Summary of the Judgment