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 | Transfer and Bond Void: Chilling Thoughts

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021)

As a trader, it is business as usual to sell stock in trade. However, a creditor becomes alarmed if a trader sells off goods not in the ordinary course of business at a time when that trader’s financial position brings thoughts of liquidation to the fore. To protect creditors, our law has very strict rules for such instances and, in a property trader context, may result in a declaration that a property sale and resulting registration of transfer and new bond, be declared void. This judgment highlights the considerations.

The Judgment
Summary of the Judgment

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