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 | 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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