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 42 – 2015

CAN HOLDER OF HABITATIO EVICT OWNER FROM PROPERTY?

A Hendricks v M Hendricks & Others (20519/14) [2015] ZASCA 165 (25 November 2015)

The judgment tells the story of a bitter family feud that resulted in a mother, holder of the right of habitatio over a property, seeking the eviction of her son and ex daughter-in-law from that property, despite the latter being the registered owners. What the court had to decide here was whether this was possible in our law.

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The Judgment
Summary of the Judgment

 

REVERSED PROPERTY DEVELOPMENT PLANS

Nelson Mandela Bay Metropolitan Municipality v Georgiou t/a Georgiou Guesthouse and Spa and Others (1663/2015) [2015] ZAECPEHC 59
(20 October 2015)

This is one of many judgments reported this year where owners and municipalities were taken to court for either flaunting land development laws or incorrectly applying them. Here the municipality sought to undo a decision of its executive mayor in approving a rezoning subject to certain conditions, despite the restrictive title deed conditions on the erven prohibiting the changes. The approval was successfully set aside as the condition imposed was not within the ambit of conditions that could be made when a re-zoning was approved.

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The Judgment
Summary of the Judgment

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