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 39 – 2016

ONE WRONG DOES NOT JUSTIFY ANOTHER

Taddese and Others v Peer NO and Others (5250/2016) [2016] ZAKZDHC 26
(4 August 2016)

Most property practitioners know the legal maxim that one may not take the law into one’s own hands. But how does this work practically? If a tenant breaches the provisions of the lease and a subsequent acknowledgment of debt, can the landlord lock the gate giving access to the premises as the tenant’s occupation was illegal? The judgment explains how the mandament van spolie, the action supporting the maxim, works in such a scenario.

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The Judgment
Summary of the Judgment

 

DEBTORS: REMEMBER THE HAT YOU ARE WEARING

Hong Kong Land Investments CC and Others v Standard Bank of South Africa Limited and Another (70641/2014) [2016] ZAGPPHC 911
(21 October 2016)

Often when investing in property, a purchaser will for business or other reasons choose to buy in the name of an entity rather than in his personal capacity. It is important then to remember, as illustrated in this matter, that many of the consumer protection provisions of the National Credit Act, such as prior notification of the steps that the creditor will take and the debt relief measures available, is not an option for the borrower.

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The Judgment
Summary of the Judgment

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