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 | 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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