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 25 – 2016

SHOW ME YOUR AGREEMENT WITH A THIRD PARTY

Property Master (Pty) Ltd v Redefine Properties Ltd (42983/2015) [2016] ZAGPJHC 167
(24 June 2016)

The applicant sold a property in terms of an agreement which provided that after registration and an envisaged subdivision, a portion of the property would be retransferred to it. The property was subsequently on-sold, the new agreement reflecting the applicant’s interests. But in the process of several subsequent sales and transfers of the same property, this right fell from the agreements and the applicant sought access to these agreements in terms of PAIA to formulate an envisaged claim. Is PAIA so wide as to allow this?

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The Judgment
Summary of the Judgment

 

TENANT TO IDENTIFY PROBLEM BEFORE LANDLORD CAN FULFILL DUTY TO MAINTAIN?

Beyers v Chapelle and Others (16454/2015) [2016] ZAGPJHC 164 (17 June 2016)

A thorny issue was raised in this matter. In essence the question was whether a landlord’s duty to maintain the leased premises meant that he was liable for the extra charges relating to a water leak although he was not made aware of the leak, the tenants indicating that it was a municipal billing error.

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The Judgment
Summary of the Judgment