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 26 – 2015

Selling subdivided land: rates clearance required on mother erf?

EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014) [2015] ZAKZDHC 55 (26 June 2015)

After a general plan was registered in respect of a developer’s land on which it intended establishing a new residential township, it applied for a municipal clearance to effect transfer of two subdivided properties that were subsequently sold. The municipality argued that as there has been no change in ownership when the general plan was registered, a clearance certificate can only be issued if the rates and taxes for the whole mother erf have been paid. The developer successfully approached the court for an order that a clearance certificate in respect of only the two subdivided erven was required.

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The Judgment
Summary of the Judgment

Sublessee clutching at straws

Linksfield Nursery CC and Another v Wickstrom and Others (34695/2014) [2015] ZAGPJHC 136
(8 July 2015)

Wisdom after the fact, in this instance again, highlights how beneficial it would be for persons negotiating even simple business partnerships, to reduce their agreement to writing. The dispute here arose between a lessee and sublessee who jointly ran a nursery and coffee shop business, and for which purpose the sub-lessee erected buildings on the premises. When the oral agreement came to an end, the parties disputed the terms thereof and the sub-lessee sought to demolish the buildings. The lessee successfully interdicted him as, amongst other things, the buildings accrued to the landlord as property owner.

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The Judgment
Summary of the Judgment

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