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 36 – 2015

BACKTRACKING ON USE OF POWER OF ATTORNEY

De Villiers v Elspiek Boerdery (Pty) Ltd and Another (16138/2012) [2015] ZAWCHC 141 (9 October 2015)

X initially granted a special power of attorney in favour of A to execute a notarial cancellation of a right of pre-emption. When the latter transaction did not proceed, he subsequently used the same power of attorney to instruct A to execute and register a 99 year lease. Was this do-able?

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The Judgment
Summary of the Judgment

 

APPROVAL OF SDP CONSTITUTES DEVELOPMENT FINAL APPROVAL

Green Willows Properties v Rogalla Investment Company (20436/2014) [2015] ZASCA 133 (29 September 2015)

This judgment dealt with the question whether approval by a municipality of a Site Development Plan, a step in the overall development approval system, constituted final approval of the development as envisaged by parties in a sale agreement. The Court here answered in the affirmative, as far as procedure in the Western Cape is concerned, holding that such approval served as assurance that the proposed development would be permitted.

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The Judgment
Summary of the Judgment

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