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 21 – 2022

DISCONNECTING DEFAULTING SECTIONAL TITLE OWNERS’ WATER AND ELECTRICITY

Lion Ridge Body Corporate v Alexander; Lion Ridge Body Corporate v Morata; Lion Ridge Body Corporate v Mukona and Another (17074/2022; 18106/2022; 19220/2022) [2022] ZAGPJHC 713 (21 September 2022)

It might, on the face of it, sound perfectly reasonable that a body corporate in a sectional title scheme may cut the water and electricity supply of non-paying owners, until they bring their accounts up to date. Legally, it is not so simple, as this judgment explains. This judgment indicates that if there is a scheme rule to this effect, the disconnection is likely to be allowable. But remember that even this is not plain sailing: There exists a CSOS statement that a rule allowing for the disconnection of electricity or other essential services because of non-payment of levies is likely to be considered undesirable by the Ombud.

The Judgment
Summary of the Judgment

HOLDING ONTO LEASED PROPERTY BECAUSE OF YOUR IMPROVEMENT SPEND

Marschall v Schleyer and Others (32366/2020) [2022] ZAGPJHC 743 (6 October 2022)

Persons facing eviction from leased premises often try to challenge such proceedings on the basis that they have an improvement lien over the property and must be reimbursed before they can be asked to move out. In the right circumstances, this may assist an occupier. But improvement liens apply only in respect of residential, and not agricultural, land. Tenants must take note and, if they seek to be reimbursed for improvements to leased premises, ensure to have a proper agreement in place to this effect.

The Judgment
Summary of the Judgment

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