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 24 – 2020

CAN A MORTGAGE BOND EMBODY A SALE?

Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)
In this matter, the court was asked to declare that a mortgage bond document, in addition to constituting the security for a loan, also embodies a sale agreement. This, in essence, was the argument here as the seller passed away before the sale agreement was signed. What was in place, however, was a partially signed mortgage bond document which referred to the sale agreement. The question raised whether there was a sale?

The Judgment
Summary of the Judgment

 

MAINTENANCE ORDERS CAN BIND YOU FOR 30 YEARS

S A v J A and Others (7531/2020) [2020] ZAWCHC 155 (10 November 2020)
A novel question arose for consideration in this matter. Are maintenance matters that form part of a consent paper, and incorporated in a divorce order, part of the ‘judgment’ and hence susceptible to prescription only after 30 years? Or is this component of the divorce order an ordinary debt that prescribes after 3 years, because of the fact that it is capable of being varied and is therefore not a final judgment? In the present matter, the spouse claimed substantial arrears from her ex-husband, shortly after he had a windfall, 17 years after their divorce order.

The Judgment
Summary of the Judgment

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