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 – 2016

CO-OWNER CLAIMING PARTITIONING: AN IMPOSSIBILITY IF IT IS AGRICULTURAL LAND?

Coetzee v Coetzee (18681/2015) [2016] ZAWCHC 115 (8 September 2016)

The Subdivision of Agricultural Land Act disallows any subdivision of agricultural land prior to Ministerial consent thereto. Does this mean that co-owners of agricultural land cannot claim the main remedy provided for in the ‘actio communi dividundo’, being division of the land? This judgment investigates the question.

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The Judgment
Summary of the Judgment

 

DEALINGS WITH A TRUST: IT’S WHAT’S INSIDE

Collet N.O and Others v A and Another (618/2016) [2016] ZAECGHC 70 (8 September 2016)

One needs know-how to properly manage the affairs of a trust and also when dealing with a trust. This is because a trust can only validly act or pass resolutions if it is done in the way set out in the founding document. Where a trust informally allows a trustee or third party to lease a property or to enter into a lease with another party, nullity follows if the trust did not follow its own internal procedural rules, as this judgment highlights.

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The Judgment
Summary of the Judgment