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 22 – 2016


Tre Donne Homeowners Association and Another v Bergwater Plase CC (A476/14) [2016] ZAWCHC 69 (9 June 2016)

Developers in homeowners’ association developments are often, by way of special conditions in the association’s constitution, exempted from paying levies in respect of unsold properties still owned by the developer. The rationale is that the developer is usually liable for the expenses of providing services, roads and infrastructure during the development period and should not be burdened with levies in respect of its unsold erven in that period. Do the courts support such an entrenchment of developers’ rights?

The Judgment
Summary of the Judgment



Bester N.O v Van Wyk (2845/2012) [2016] ZAECGHC 37 (26 May 2016)

For various policy considerations, the legislature made it a requirement that to alienate land or grant rights in respect thereof, the parties must do so in writing, subject to limited exceptions. The present matter dealt with an informal sale and transfer of a property by a mother to a daughter before the full purchase price was paid. After the mother’s death, the executor sought payment of the purchase price which the daughter refused, relying on the provision that an oral sale can nonetheless be valid if the purchaser performed in full. Could she succeed?

The Judgment
Summary of the Judgment

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