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 – 2020

BAD VIBES NOT GROUND FOR THE REMOVAL OF CO-TRUSTEES

Fletcher v McNair (1350/2019) [2020] ZASCA 135 (23 October 2020)

The clients of property practitioners are often trusts and their trustees flight many a question in the course of the business relationship. When relationships sour between trustees and or between trustees and trust beneficiaries, questions arise regarding the means to remove trustees. This judgment highlights that mere animosity amongst trustees is not the deciding factor when there is a request for the removal of a trustee: the factual question is whether, as a result, the trust administration and management of assets are neglected. The judgment is a good read for any trustee and trust beneficiary.

The Judgment 
Summary of the Judgment
 

ELECTRONIC SIGNATURES ON SALE OF LAND AGREEMENT: GETTING IT WRONG

Borcherds and Another v Duxbury and Others (1522/2020) [2020] ZAECPEHC 37 (22 September 2020)

With the constraints placed on transacting in this past year, many property practitioners battled with the provisions of the Electronic Communications and Transactions Act (ECTA). This was in part because ECTA prohibits the electronic signature of a sale of land agreement. Taking a photograph of your signature and affixing it to an agreement electronically cannot overcome this exclusion contained in ECTA. Even our courts got it wrong.

The Judgment
Summary of the Judgment