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 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