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 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

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