Law Reports

Transfer trumps intention

02 October 2014

Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a sale agreement is signed.

Mitchell

09 October 2014

Mitchell v City of Tshwane: Sale in execution - 118(3) security extinguished by transfer; buyer not liable for debts older than two years; services may not be refused.

Royal Anthem Appeal

09 October 2014

Stopforth Swanepoel & Brewis v Royal Anthem Investments: right to be heard, procedural and substantive fairness; attorneys not liable for repayment of funds and interest.

HOA's embargo

18 December 2014

Russell Warner suggests that in the light of two recent SCA cases, legislation is necessary to allow HOAs to embargo transfers while levies remain unpaid.

Savannah Park

31 January 2013

Body Corporate of Savannah Park v Brainwave - Developer’s right of extension is a right to develop a section of the common property, not to commercially exploit it. It is not a usufruct.

Margalit Appeal

18 April 2013

Margalit v Standard Bank of SA Ltd - Delayed transfer - conveyancing attorney liable for damages suffered by seller of property due to his negligence in causing delay.

Banda

02 May 2013

Banda v Van der Spuy - fraudulent concealing of latent defects with defective repairs vitiates the effect of the voetstoots clause.

Tshwane Municipality v Mathabathe

30 May 2013

Tshwane Municipality v Mathabathe - Roelie Rossouw sees an added burden for conveyancers to ensure that properties they are transferring are free of all municipal debts.

City of Tshwane v Blom

27 June 2013

City of Tshwane v Blom - list of rateable property categories ito s 8(1) s 8(2) of the Municipal Property Rates Act not exhaustive: municipality can add one of 'non-permitted use'.

Booysen

21 August 2013

Booysen and Others v Booysen and Others 2012 (2) SA 38 (GSJ) - application of section 2 of the Alienation of Land Act to the sale of land by a surviving spouse.
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