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 34 – 2015

SALE OF FARM LAND: BEWARE THE PITFALLS

Le Roux v Brits (4070/2015) [2015] ZAWCHC 133 (18 September 2015)

This judgment deals with the initial skirmishing between a seller and purchaser, the former seeking return of farm land that was transferred to the purchaser in terms of a deed of sale that incorrectly referred to the whole of the farm being sold, when the intention was only to sell that part of the land that the farmer had pointed out to the purchaser. What became problematic was the fact that the alleged intention to sell a portion only would render the agreement non-compliant with the Subdivision of Agricultural Land Act, as there was no ministerial consent. Should the seller have asked the court for rectification of the agreement which would have resulted in an invalid agreement?

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The Judgment
Summary of the Judgment

 

SELLING A PORTION OF A FARM WITHOUT MINISTER’S CONSENT – RISKY

Four Arrows Investments 68 v Abigail Construction (20470/2014) [2015] ZASCA 121
(17 September 2015)

Property practitioners should take care when assisting parties in agreements relating to agricultural land! In a technically complicated agreement, the seller and purchaser in this matter agreed to the sale of a portion of agricultural land once the Minister’s consent, as required in the Subdivision of Agricultural Land Act, was obtained. The agreement also included a “deemed option” to acquire the land. The Appeal Court held that whether framed as an option or a sale subject to a suspensive condition, in the absence of the requisite Ministerial consent, the agreement was void.

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The Judgment
Summary of the Judgment

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