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