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 – 2016

BUYER’S RISKS ON TARDY COMPLIANCE WITH SALE PROVISIONS

Macakati v Larry and Others (6776/2016) [2016] ZAWCHC 73 (15 June 2016)

In this matter the property purchaser was late in making payment of costs and the balance purchase price and, even after demand to pay within seven days – failing which the agreement would be cancelled, he only made the payment a few days after the stipulated period. Thereafter, without however sending a formal letter of cancellation, the seller sold the property to a third party. Would the purchaser’s claim for transfer succeed in the circumstances?

The Judgment
Summary of the Judgment

 

USE AND ENJOYMENT OF PREMISES THREATENED: TENANT WALKS OFF

Herr v Innomet (Pty) Ltd Limited (394/2015) [2016] ZASCA 82 (31 May 2016)

With large scale renovation looming for a Clifton sectional title unit, would the tenant in the unit just above have grounds to terminate the lease because his use and enjoyment of the unit for the remainder of the lease period was disrupted? This is the scenario that was presented to the Supreme Court of Appeal for adjudication in this matter. The judgment is an interesting read and illustrates the duties of a landlord in such cases.

The Judgment
Summary of the Judgment