Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 38 – 2015

RIGHTS OF PROPERTY PURCHASER PRIOR TO EXECUTION SALE

Mamogale and Others v Nedbank Ltd and Others (3112/15) [2015] ZAGPPHC 629
(3 September 2015)

What to do if you have been paying parts of a purchase price for a home you desire, only to come second when the bondholder executes against the seller and the property is sold to a third party in the execution sale. Is there a right of redemption in our law (i.e. a right to pay the unpaid debt after the sale of execution but before the property is transferred) up until the point of registration of transfer?

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The Judgment
Summary of the Judgment

 

OWNERSHIP IN HOA: RULES & COMPLIANCE TRUMP

Randjesfontein Country Estates Limited and Others v Masoom Trading Solutions (Pty) Ltd and Others (43706/14) [2015] ZAGPPHC 199
(20 February 2015)

The judgment addresses a dispute between a home owners association and owner regarding the use of the property as an education facility where this is not permitted in the zoning laws. It is another one in a growing line of cases where these associations are successful in obtaining orders obliging owners to comply with the rules. Home owners in such estates should take care to conduct themselves in accordance with prevailing rules and regulations, or face the music.

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The Judgment
Summary of the Judgment

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