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 4 – 2020

SMELLY: AGRICULTURAL LIVING OR ACTIONABLE NUISANCE?

Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14 (27 February 2020)

This judgment deals with smells originating from activities on a farm which are sometimes so severe that neighbouring farm owners cannot open windows or entertain guests outside. When will a court allow the suffering owner an interdict to prohibit his neighbour from continuing with his farming activities? This judgment illustrates the considerations.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment

WE WERE IN A PARTNERSHIP, DID YOU NOT KNOW THIS?

Allner v Werner (2584/2018) [2020] ZAECGHC 12 (25 February 2020)

This judgment deals with a dispute between two persons regarding their shares in wealth generated whilst they cohabited over a period of 22 years. It highlights the very difficult position for such partners to have to search back in their personal and joint histories to be able to convince a court, so many years later, that they created a partnership and agreed on a shareholding, not in words but in deeds done (tacitly). The obvious message is that cohabitees are well advised to reduce their financial arrangements to writing.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment