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 22 – 2016

FORCED TO PAY THE DEVELOPER’S LEVIES!

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

 

DANGERS OF INFORMAL PROPERTY TRANSACTIONS

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