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 28 – 2015

Late Transfer – Buyer to Cover Transfer Costs Before Seller Pays Rates

Mr. L.E.D (Pty) Ltd v Waxfam Investments (Pty) Ltd and Others (14/15049) [2015] ZAGPJHC 137 (3 July 2015)

In a transaction where the purchaser was late in paying the transfer fees, it denied liability for the resulting late registration penalty as the seller had at the time that the purchaser made the payment, not yet paid the rates and taxes. The court confirmed that the two payment obligations were reciprocal and the seller was entitled to delay payment of the rates until the purchaser had paid the conveyancing costs. The court confirmed too that when, as in the present case, a sale of property agreement obliges a purchaser to pay the transfer costs on demand by the conveyancer, it must be intended that the payment is effected promptly after dispatch of the conveyancers’ invoice.

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The Judgment
Summary of the Judgment

 

Builders Lien Triumphs, Owner Not to Take Law Into Own Hands

Top Assist 24 (Pty) Limited T/A Form Work Construction v Cremer and Another (5335/2015) [2015] ZAWCHC 102 (28 July 2015)

The fundamental purpose of the mandament van spolie remedy is to serve as a tool for promoting the rule of law and as a disincentive against self-help. What happens though if the owner cancelled the building agreement before allegedly asking the estate security to arrange for the builders to vacate the premises with all their goods and tools? Are the rights of the parties before the spoliation took place relevant in such an application?

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The Judgment
Summary of the Judgment

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