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 23 – 2015

Can encroaching owner claim transfer of land?

Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust (20165/2014) [2015] ZASCA 103 (30 June 2015)

Can someone encroaching on another’s land, in the absence of an action or an application by the owner of the encroached-upon land for a removal order, approach a court for an order compelling the owner to transfer, not only that part of the land on which there is encroachment, but also to seek transfer of additional vacant land? This was the claim presented for adjudication in this appeal, and the outcome is a clear exposition of our law in this regard.

read more
The Judgment
Summary of the Judgment

Trustee acting without authority, suretyship collapses

Smith v ABSA Bank Limited (A892/2014) [2015] ZAGPPHC 409 (30 June 2015)

“This case yet again demonstrates the need to be careful when dealing with a trust”, in the words of the judge in this matter. The facts dealt with an instalment sale agreement entered into by a trust and the related suretyship afforded by one of the trustees in her personal capacity. The bank’s reliance on the suretyship was in issue as the surety alleged that the underlying agreements were concluded without proper trustee resolution.

read more
The Judgment
Summary of the Judgment

For the best legal advice and personalised service, let's talk
Subscribe to our monthly newsletters, subscribe