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 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.

read more
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.

read more
The Judgment
Summary of the Judgment

For the best legal advice and personalised service, let's talk