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 | Revoking a purchaser’s access to property in delayed transfer

Mutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021)

There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was unlawfully disturbed by another. The underlying premise is that, as a general rule, no one – even if he or she is ‘in the right’ – may take the law into his own hands and disturb another’s possession: For example, where a seller that cancels a sale agreement of land, changes the locks to the property to make sure the purchaser who has taken occupation, can no longer gain entry, is taking the law into his own hands. In such instance, a spoliation application can be successful, as this judgment illustrates.

Summary of the Judgment

The Judgment

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