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 30 – 2015

Rectification of Sale Contract With Non-Variation Clause?

Jacobs v Southey and Others (724/14) [2015] ZANCHC 12 (24 April 2015)

Rectification is a remedy for a contracting party whose written agreement does not reflect the common intention of the parties at the time the agreement was concluded. Can the remedy be invoked where an agreement contained a non-variation clause and in circumstances where a purchaser alleges the agreement is void due to non-compliance with a suspensive condition which the seller seeks rectification of? This was the issue requiring adjudication in this judgment.

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The Judgment
Summary of the Judgment

 

Ownership in HOA: Rules & Compliance Trump

Randjesfontein Country Estates Limited and Others v Masoom Trading Solutions (Pty) Ltd and Others (43706/14) [2015] ZAGPPHC 199
(20 February 2015)

The judgment addresses a dispute between a home owners association and owner regarding the use of the property as an education facility where this is not permitted in the zoning laws. It is another one in a growing line of cases where these associations are successful in obtaining orders obliging owners to comply with the rules. Home owners in such estates should take care to conduct themselves in accordance with prevailing rules and regulations, or face the music.

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The Judgment
Summary of the Judgment

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