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 | Sublessee becomes owner of leased land: Where does this leave the lessee’s rights?

Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd (437/2020) [2021] ZASCA 108 (5 August 2021)

An owner cannot be a lessee of his own land and our law holds that a merger of rights occurs in such an instance. This obvious outcome becomes challenging, however, when it is the sublessee that acquires the leased property, as the enquiry arises whether the merger affects the underlying lease of the land only, or does it include subsequent rights that may exist in terms of a sublease agreement in which the owner of the land (and seller thereof) were not involved.

Our Litigation Team was successful in this Appeal Court judgment where they represented the sublessee.

Summary of the Judgment
The Judgment

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