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 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 bond document which referred to the sale agreement. Was there 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