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 37 – 2016

MY PROPERTY, IN HER NAME

Grouse v Mdyogolo and Another (EL365/16, ECD865/16) [2016] ZAECELLC 2 (25 May 2016)

Who is considered the ‘owner’ of a property that was bought here by a foreigner, but registered in the name of his South African partner because he was made to believe that he could not, as a foreigner, obtain registration in his own name? Is it possible in our law for persons to agree that the one will buy an immovable property to be registered in the name of the other, rendering the latter a mere nominee? This matter deals with these questions in the context where the registered owner seeks to sell and retain the proceeds for herself.

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The Judgment
Summary of the Judgment

 

ACCEPTING PART FULFILLMENT OF SUSPENSIVE CONDITION

Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016) [2016] ZAECPEHC 66 (4 October 2016)

Difficulties are bound to arise where a seller accepts lesser compliance with the terms of a suspensive condition in a sale agreement, and later on seeks to allege that the agreement was void for non-compliance. You cannot approbate and reprobate, says the law, as this judgment illustrates.

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The Judgment
Summary of the Judgment