Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

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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