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 – 2016

IT CAN BE TRICKY TO PROVE AN ENRICHMENT LIEN

Davis and Another v Purple Fountain Properties 118 (Pty) Ltd (08/36380, 30457/15) [2016] ZAGPJHC 198 (28 July 2016)

It is one thing for a developer installing basic infrastructure in a subdivision to allege that the owner’s property has been enriched and that he can exercise an enrichment lien over the property until he has been compensated, and another to prove actual expense in respect of a subdivided property. This judgment highlights how careful one must proceed with claiming possession of a property as a result of an enrichment lien.

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The Judgment
Summary of the Judgment

 

SURETYSHIPS: A (HARSH) REALITY OF THE CREDIT INDUSTRY

Nedbank Limited v Antoniou (1150/00) [2016] ZAECPEHC 30 (1 July 2016)

This judgment deals with a mother’s defences raised against a bank acting against her in terms of a suretyship she signed for her son’s substantial credit agreements with the bank. It highlights the reality that standing surety can sometimes come back and bite, and that unsubstantiated allegations of misrepresentation on the side of a bank cannot assist in escaping liability. Caveat subscriptor!

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The Judgment
Summary of the Judgment