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 – 2016

WHEN CAN A SALE AGREEMENT BE RECTIFIED?

Tamryn Manor (Pty) Ltd v Stand 1192 Johannesburg (Pty) Ltd (785/2015) [2016] ZASCA 147 (30 September 2016)

This appeal raises a crisp legal issue: when is an agreement for the sale of land, on the face of it valid and compliant with the requirements of the Alienation of Land Act, capable of being rectified? The circumstances giving rise to this dispute were that the person who signed as the purchaser was not the true purchaser and an order was sought substituting the true purchaser in the agreement.

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The Judgment
Summary of the Judgment

 

BUILDING PLANS: IS MUNICIPALITY REJECTING OR STALLING TO APPROVE?

Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016) [2016] ZAECPEHC 58 (22 September 2016)

Awaiting a municipality’s approval of your building plans can be the source of much tension. The relevant legislation helps in that it provides for certain periods in which a municipality must either outright reject the plans or refuse to approve them, the latter with the nuance that the plans with amendments could be approved later. This distinction was explored in this matter, where the property owner alleged that the municipality was stalling approval, granting her the right to approach a court for an order compelling the municipality to make a decision. The municipality contended though that it had rejected the plans outright, which meant the owner’s only remedy was to apply for review or to reapply from scratch. Which was it?

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The Judgment
Summary of the Judgment