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 | Relying on an agreement with a previous land owner to drive over a property

Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021)

In an almost wild disregard for a farm owner’s rights, the mining company in this matter used a dirt road on a farm to stockpile and transport coal to a siding, knowingly without consent from the owner. The owner’s efforts to manage the dispute came to nil and it was ultimately forced to apply to court. There the mining company asserted their rights by claiming that there was indeed an existing oral agreement with the farm’s previous owner, allowing it to use the road. The court made short strife with this argument, confirming that in order for any right to the use of immovable property to bind future owners, a servitude registered against the title deed is the way to go. The oral agreement was also not proven. The judgment highlights how important it is to formalise arrangements where your personal or business endeavours require of you to use parts of land that belong to another.

Summary of the Judgment

The Judgment

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