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 – 2020

WARNING BELLS FOR HOME BUILDERS AND THEIR CLIENTS

Rabe Bouers CC v Chaya (2328/2015) [2020] ZALMPPHC 83 (30 October 2020)
The Housing Consumers Protection Measures Act has a double-edged sword. If the home builder is not registered with the NHBRC, has not paid the fees and enrolled the homes that he’s building for a housing consumer(his client), then the builder may not demand payment from him. By the same token, such non-compliance reduces the housing consumer’s recourse against the NHBRC in the event of poor workmanship. The judgment illustrates the considerations practically.

The Judgment
Summary of the Judgment

HEIRS – THE FLY IN THE OINTMENT OF A TESTATOR’S WISHES

Govindasamy and Another v Pillay and Others (D7270/2015) [2020] ZAKZDHC 49 (12 October 2020)
This judgment tells the story of a deceased person who made over the family home to his two children and stated that it may only be sold if both were to agree thereto. It is with reluctance that a court will order that a will must be amended, even where an agreement between the heirs appear impossible to achieve. The application in this matter was successful and the judgment explains the considerations that a court will weigh up before doing so.

The Judgment
Summary of the Judgment