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 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

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