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 – 2017

TITLE DEED CONDITIONS OBLIGING AN OWNER TO BUILD

Bondev Midrand (Pty) Limited v Puling and Another, Bondev Midrand (Pty) Limited v Ramokgopa (802/2016, 803/2016) [2017] ZASCA 141 (2 October 2017)

Developers often insert a provision in a purchaser’s title deed obliging him to build a home on the vacant erf within a certain time. There are various sound reasons for doing so, amongst others, to bolster purchasers’ investment in the development and limit the security risks sometimes associated with continuous building activities in a development. Failure to do so, gives the developer the right to repurchase the vacant stand, usually at the initial sale price. Is this a personal right on the side of the developer meaning that it prescribed if not exercised within 3 years after an owner has failed to erect a home?

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the thirty-ninth set of notes for your STSMA Reference Guide, Prescribed Management Rule 18 is discussed.

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Prescribed Management Rule 18
(N.B. Print in landscape)

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