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Law Reports

2017
Law Reports

Building in a development?

Jack Crook discusses a recent case which highlights the risks associated with not building on your plot in a development within the time limit specified.

Law Reports

Sable Hills

Sable Hills Waterfront Estate- Obligation of HOA members to pay levies for stands and units in a development is a question of interpreting the articles of association.

Law Reports

Barking dogs driving you batty?

Jack Crook considers a recent High Court case which neatly illustrates our law's approach to protecting oneself from noisy neighbours generally.

Law Reports

10% Commission - lost

Jack Crook discusses a recent case which shows yet again how essential it is to double-check that your Fidelity Fund Certificate (FFC) is both current and valid.

Law Reports

Cyberscam targeting conveyancers

Carmel Rickard discusses Lochner v Schaefer Incorporated and Others in which compensation was sought from conveyancers who had fallen victim to a cyberscam.

2016
Law Reports

Secure your commission

Jack Crook discusses a case where it was held that FCCs must be issued in the name of the relevant Co or CC and another which underscored clarifying "trading as".

Law Reports

The S118(3) Monster - I

Peter Livanos has some sound advice for sellers with outstanding municipal debts following the recent judgment of City of Tshwane Metropolitan Municipality v PJ Mitchell.

Law Reports

The S118(3) Monster - II

Chantelle Gladwin discusses the implications (but not the correctness of) the Supreme Court of Appeal decision in City of Tshwane Metropolitan Municipality v PJ Mitchell.

Law Reports

Object properly

Jack Crook discusses a recent High Court case that shows the danger of neglecting to give sufficient detail about a property when objecting to its municipal valuation.

Law Reports

Property and trusts

Jack Crook considers the recent judgment of Smith v ABSA Bank Limited which yet again demonstrates the need to be careful and to use attorneys when dealing with a trust.

Law Reports

Sinking alterations

Jack Crook examines a recent High Court case which underscores how vital it is to ensure that amendments to an offer have actually been agreed to by both seller and buyer.

Law Reports

Neighbours behaving badly

Bad neighbours can cause serious harm to your property's value. So if you notice illegal building activity next door, move quickly to nip the problem in the bud.

Law Reports

The unsigned sale agreement

The strange case of a falling out between a buyer and a developer after transfer, over a plot and plan in which the sale agreement had only been signed by the buyer.

Law Reports

Gladwin

Gladwin v Ekurhuleni Metropolitan Municipality: The Municipality’s entitlement to disconnect or refuse to supply electricity or water based on amounts owed by a prior owner.

Law Reports

Trumped!

Jack Crook discusses a recent case in which the owner of the house was evicted from it as an "unlawful occupier” because of a registered right of habitation.

Law Reports

Remember the VAT

Jack Crook reports on the recent case of Gerber v Naidoo which highlights how forgetting about VAT in the excitement of the sale can be a costly oversight.

Law Reports

At last - S118(3)

Municipalities may not hold new owners of properties liable for municipal debts older than two years under Section 118(3) of the Municipal Systems Act No 32 of 2000.

Law Reports

Brodsky

Brodsky Trading:  Estate agent company converts to a CC; EAAB not advised of conversion; original fidelity fund certificate issued to non-existent company is invalid.

2015
Law Reports

Spotter's fees

Robert Krautkramer writes that the case of Haigh Farming (Pty) Ltd v E G Elliot Real Estate CC (14175/13) [2014] does not say that a spotter’s fee cannot be claimed.

Law Reports

Your house in a trust

The recent Supreme Court of Appeal (SCA) judgment of WT and Others v KT illustrates what happens if your home is registered in the name of a trust and you get divorced.

Law Reports

Randburg Management District

Randburg Management District v West Dunes: Gauteng CID Act 12 of 1997 - levies imposed by a city improvement district not validly formed are not recoverable.

Law Reports

Ellis

Ellis and Another v Cilliers N.O and Others: Latent defects and the voetstoots clause, interpretation and application thereof.

Law Reports

Mounthaven (Pty) Ltd

Ethekwini Municipality v Mounthaven(Pty) Ltd: a reversion clause concerning a failure to erect a building is a "debt" which prescribes if not acted upon by the seller.

2014
Law Reports

Quartermark Investments

Quartermark - Sale of immovable property which is induced by fraud is null and void  if  there is no intention on the part of the owner to transfer ownership despite registration.

Law Reports

Kingswood Golf Estate

Jack Crook highlights that buyers and sellers are bound by the written sale agreement and no evidence may be given of its terms except the document itself. 

Law Reports

Stronger demolition remedy

Dyecomber (Pty) Ltd underlines the growing readiness of courts to order demolition of any building work carried out without approved plans (or otherwise unlawfully).

Law Reports

Basfour

Basfour 2994 v Registrar of Deeds: Free State Townships Ordinance 9 of 1969 - registration of deeds of transfer in respect of erven sold subject to suspensive conditions.

Law Reports

Habitat Council

Min of Local Govt v Habitat Council:  Land Use Planning Ordinance 15 of 1985 - all zoning and subdivision decisions lie within the competence of municipalities.

Law Reports

The mother of disputes

A recent High Court case highlights the dangers of cohabiting without entering into a formal cohabitation agreement, particularly when substantial assets are acquired jointly.

Law Reports

Insolvent after selling

Relebipi Properties CC - Whether a buyer is entitled to the transfer of a property when the seller is declared insolvent after the agreement was entered into.

Law Reports

Royal Anthem

Royal Anthem Investments - rouwkoop clause, interpretation of "all amounts" after the sale fell through; liability of conveyancer for interest on amounts stipulated in the order.

Law Reports

A game of homes

The recent SCA judgment of Robarts v Antoni NO (327/2013) underlines once again the need to properly record any and all agreements relating to your property.

Law Reports

Transfer trumps intention

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.

Law Reports

Mitchell

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.

Law Reports

Royal Anthem Appeal

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

Law Reports

HOA's embargo

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.

2013
Law Reports

Savannah Park

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.

Law Reports

Margalit Appeal

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.

Law Reports

Banda

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

Law Reports

Tshwane Municipality v Mathabathe

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. 

Law Reports

City of Tshwane v Blom

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'.

Law Reports

Booysen

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.

Law Reports

Mendelow

Nedbank Limited v Mendelow NO - if there is no intention by a beneficiary to transfer ownership of immovable property, registration does not effect such transfer.

Law Reports

De Klerk

Minister of Agriculture v De Klerk: whether conveyancer agent of seller or of purchaser in receiving payment of the purchase price from purchaser before payment due to seller.

Law Reports

Haviside v Heydricks

Haviside v Heydricks and Another - voetstoots clause, applicability and interpretation thereof to seller’s statutory noncompliance with municipal bylaws.

2012
Law Reports

Rademeyer

Rademeyer v Viljoen and Another (69/11) [2011] ZASCA 189 (3 November 2011) - necessity for property buyers to expressly agree that the deposit be held in trust pending transfer.

Law Reports

Johl

Johl and Another v Nobre and Others (23841/2010 [2012] ZAWCH 20) - servitude of right of way, what constitutes reasonableness in exercising it.

Law Reports

Ngwenyama

Ngwenyama v Mayelane & another  concerns the interpretation of s 7(6) of the Recognition of Customary Marriages Act, and raises a conveyancing question. 

Law Reports

Yonda Investments

Yet another warning to have your sale documents professionally checked before you sign them comes from a recent North Gauteng High Court case.

Law Reports

Royal Hotel

Royal Hotel v Simon NO - interpretation of a praedial servitude to park, breach thereof and the erection of a building on a substantial portion of servitude area.

Law Reports

Dubs v Dubs

Jack Crook comments on the recent case of Dubs v Dubs which highlights the potential pitfalls of joint property ownership between (married and unmarried) couples. 

Law Reports

Adlem v Arlow

Adlem v Arlow - Subdivision of Agricultural Land Act 70 of 1970 - interpretation of the word 'portion' as meaning a part of  property (as opposed to the whole property).

2011
Law Reports

Kruger

Kruger v Property Lawyer - Bridging finance - undertaking by transferring attorney to pay against registration of transfer from proceeds of sale.

Law Reports

Margalit

Standard Bank of South Africa Ltd and Another v Margalit (25966/06) [2011] ZAGPJHC 58 - Bond cancellation - liability  of bank and  attorneys for non-cancellation.

Law Reports

Netshituka

Netshituka -  Customary Law - clear direction given to validity or non-validity of civil marriages and necessary proof thereof for conveyancers.  

Law Reports

Resnekov

Resnekov v Cohen - dispute between neighbours over addition to property - whether restriciton constitutes a praedial or a personal servitude.

Law Reports

Wakefields Real Estate

Wakefields Real Estate v Attree (666/10) [2011] ZASCA 160 - when is an estate agent the effective cause of a sale and entitled to commission?

Law Reports

Tiffski

Meyer de Waal asks, "Mortgage bonds: Is the Tiffski judgment a bank's worst nightmare?"

2010
Law Reports

Hoofar

Hoofar Investments (Pty) Ltd - Duty of seller to pay municipal rates and charges.

Law Reports

Pappalardo

Pappalardo v Hau - neighbour law, drainage of rainwater, whether lower owner has to accept water from higher owner's property.

Law Reports

Executable properties

Firstrand Bank Ltd v Maleke and Three Similar Cases 2010 (1) SA 143 (GSJ) - National Credit Act: Declaring immovable properties executable.

Law Reports

A duty to protect

A conveyancer has a duty to reasonably protect the interests of both the buyer and seller even though he is instructed by one of them - here the seller.

Law Reports

Rockbreakers

Rockbreakers and Parts v Rolag Property Trading (498/08) [2009] ZASCA 102 - Alienation of land - non signed suspensive condition counter offer.

Law Reports

Northview

Northview Shopping Centre v Revelas Properties (275/09) [2010] ZASCA - Section 2(1) Alienation of Land Act - authority of agent not a member of a CC, signing on behalf of it.

Law Reports

Simcha

Simcha Properties v San Marcus Properties - s288 of Companies Act - directors authorisation by sole shareholder to dispose of company's sole asset.

Law Reports

Solarie

Solarie v Solarie and Others - Cape High Court stamps down City of Cape Town's housing policy in favour of Muslim women.
 

Law Reports

Zoning – be warned

Jack Crook highlights a recent High Court case which sounded a warning to developers not to rely on the local authority to know the correct zoning of one's property.
 

2009
Law Reports

JR 209 Investments

JR 209 Investments (Pty) Ltd v Pine Villa Estates (Pty) Ltd (617/07) - Validity of a deed of sale of land; whether the description of property alienated was sufficiently clear.

Law Reports

Dolphin Whisper

Dolphin Whisper Trading 10 (Pty) Ltd v The Registrar of Deeds and Another - Developer's real right to extend and section 25(13) of the Sectional Titles Act.

Law Reports

Ashington

Ashington & Another v Body Corporate of Dryden Hall & Another [2009] JOL 23405 (D) unfulfilled suspensive conditions.

Law Reports

Execution

Sheriff of the High Court, Hlabisa & Nongoma v Shobede: In re FirstRand Finance Company Ltd [2009] JOL 23544 (KZP) - cancelling an execution sale.

Law Reports

Hunkydory

Hunkydory Investments Disposal and section 228 of the Companies Act - is a special resolution necessary when registering a mortgage bond?

Law Reports

Sewpersadh

Sewpersadh v Dookie (231/08) [2009] ZASCA 78 - Sale of land - termination of agreement of sale - whether conduct of parties after valid cancellation thereof tantamount to a revival of the agreement.

Law Reports

Withok

Withok Small Farms Pty (Ltd) v Amber Sunrise Properties Ltd (664/07) [2009] ZASCA 131 - Sale by public auction - 'Agreement and Conditions of Sale' signed by purchaser.

Law Reports

Lombard

Lombard Insurance Company Ltd v Landmark Holding (Pty) Ltd and others (343/08) [2009] ZASCA 71 (1 June 2009) - relationship between a guarantee and its underlying agreement.

Law Reports

Bester

Bester NO v Nel and Others (including the Registrar of Deeds) [2009] JOL 22977 (T) - Deeds Office rejection of interpretation of a will.

Law Reports

Kovacs

Kovacs Investments 724 (Pty) Ltd v Marais (323/08) [2009] ZASCA 84 - Substitution of manner of performance required in a 'subject to' clause.

Law Reports

Environmental Management Act

Hangklip/Kleinmond Federation of Ratepayers Associations - Relevant factors when approving a development in terms of the National Environment Management Act.

Law Reports

Verbal nomination agreement

Du Toit Group (Pty) Ltd v Van Breda and Others - implications of a verbal nomination agreement to purchase property on behalf of another.

Law Reports

Obey

Van Rensburg NO - obey restrictive title conditions or risk the court ordering you to demolish offending parts.

2008
Law Reports

Eloff v Dekker

Eloff v Dekker - suspensive clauses in sale agreements with regard to the alleged waiver of the rights gained/benefits of such a condition.

Law Reports

Just Names

Just Names Properties v Fourie [2007] SCA 126 (RSA) - sellers signing blank page in an agreement of sale.

Law Reports

Taljaard

Taljaard v Botha Properties (666/06) [2008] ZASCA 38 (28 March 2008) - estate agent not entitled to remuneration if functions performed in absence of fidelity fund certificate.

Law Reports

Shaik and Others

Shaik & others v Pillay & others [2007] JOL 20893 (N) - pitfalls involving contracts for the sale of members' interests in immovable property.

Law Reports

Fairoaks

Fairoaks Investment v S Oliver (268/07) [2008] ZASCA 41. Sale of land - agreement of sale lapsed because of non-fulfilment of suspensive condition.

Law Reports

Koumantarakis

Koumantarakis Group CC v Mystic River Investment 45 (Pty) Ltd - guarantees for the deposit or purchase price.

Law Reports

Soni

First Rand Bank v Soni [2007] JOL 21006 (N) - failure to meet bond repayments after an agreement of sale entered into.

Law Reports

Linvestment CC

Linvestment CC v Hammersley (634/2006) [2008] ZASCA 1 - servitudes - right of way - relocation at instance of owner of servient tenement - when allowed.

Law Reports

Walele

Walele v City of Cape Town and Others CCT 64/07 [2008] ZACC 11 - Municipal approval of building plans - more problematic.

Law Reports

Wary

Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Others (CCT 78/07) [2008] ZACC 12.

Law Reports

Frazer

Frazer v Viljoen [2008] ZASCA 24 - incomplete pro forma agreement of sale - non compliance with s 2(1) of Alienation of Land Act.

Law Reports

Odendaal

Odendaal v Ferraris (422/2007) [2008] ZASCA 85 - patent defects, voetstoots clause.

Law Reports

Gumede

Gumede v President of the Republic of South Africa [2008] ZACC 23 - customary marriages and ownership of immovable property.

2007
Law Reports

Maharaj

Maharaj & another v Govindsamy & another [2007] JOL 19052 (D) - Non-fulfilment of suspensive conditions in agreements of sale.

Law Reports

Manna

EP Manna v JM Lotter - the validity of a deed of sale which was accepted AFTER the offer had lapsed...

Law Reports

Mostert

Mostert/Van der Weshuizen and Another - the validity of an option to purchase granted in a lease agreement.

Law Reports

HTF Developers

HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism [2007] SCA 37 (RSA) - Environmental Conservation Act.

Law Reports

Jordaan

Jordaan v Msweli [2007] EL 188/05; ECD 488/05 - suspensive conditions in an agreement of sale of land - fulfilment, nature of.

Law Reports

Reitz

Reitz v Ström and another [2007] CPD - Agreement of sale, breach, cancellation.

Law Reports

Loots

A L Loots and Another v Rojen CC - rule nisi, effect of suspensive condition lapsing.

Law Reports

Exdev (Pty) Ltd

Exdev v Yeoman Properties [2007] SCA 107 (RSA) - Option to purchase property not invalid due to lack of agreement on price and date.

Law Reports

Algoa Hof

The Body Corporate of Algoa Hof and 13 Others v Scheepers ECJ - Sectional title scheme, section 44 (1)(g) - conversion of unit from residential to business.

Law Reports

Stalwo

Stalwo v Wary Holdings [2007] SCA 133 (RSA) - Contract of sale of land - whether a suspensive condition a tacit term.

Law Reports

Beyers

Beyers No v Ackerman [2007] JOL 19692 (C) - latent defects and voetstoots.

Law Reports

Errant golf balls

Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others [2007] 187 SCA (RSA) Neighbour law - nuisance - golf course - reasonable steps to avoid excessive strikes by badly hit golf balls.

2006
Law Reports

Standard Bank v Saunderson and Others

Execution against mortgaged property - whether mortgagee required to justify order constitutionally.

Law Reports

Butler v Du Preez

Transferring attorney calling for guarantees from the purchaser.

Law Reports

Ras v Reb Management Services

Ras v Reb Management Services CC & Others 2006 JOL 16549 (D) - nominee clauses and trusts.

Law Reports

Warrant of execution

Paul Esselaar considers the implications of Standard Bank of South Africa v Saunderson (A) 2005/358.
 

Law Reports

Unitrans v Knight

Unitrans Motors (Pty) Ltd v Knight Street Proper (Pty) Ltd 2006 JOL 16520 (SE) - breach clauses, reservation of rights.

Law Reports

Muller and Others v City of Cape Town

Muller and Others v City of Cape Town - concept of height, what is a residential building, and building standards.

Law Reports

Hanekom

Hanekom v Builders Market Klerksdorp (Pty) Ltd [2006] SCA 2 (RSA) - validity of suretyship passed by a CC.

Law Reports

Thorpe v Trittenwein

Thorpe v Trittenwein [2006] SCA 30 (RSA) - trustees; meaning of "agent"

Law Reports

Johannesburg v Kaplan

City of Johannesburg v Kaplan NO [2006] SCA 45 (RSA) Municipal Systems Act s 118 - municipal debts a 'charge on the property' - effect of Insolvency Act, s 89 on the preference thereby conferred.

Law Reports

Business Aviation

The supreme court of appeal made a watershed judgement earlier this month when it clarified the rules for claiming compensation for useful improvements to leased premises.

Law Reports

Merry Hill

Engelbrecht v Merry Hill (Pty) Ltd and Others - cancellation of an agreement of sale for immovable property where the sale price is to be paid in instalments.

Law Reports

Allaclas Investments (Pty) Ltd

Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Intervening Parties. - claim based upon the common law of private nuisance.

Law Reports

Rhode v Stubbs

Rhode v Stubbs 2005 (5) SA 104 (SCA) - rare decision regarding the legal principles underlying the massing of estates.

Law Reports

Chestnut Hill

Chestnut Hill Investments v 169 Stamford Hill Road [2006] JOL 18330(D) - Guarantees: Due date not stipulated in contract - When must it be furnished?

Law Reports

Pocock v D'Oliviera

Pocock v D'Oliviera 2006 JOL 18407: Notarial tie agreements, demands for transfer, mistaken belief, and the need to study the conditions clause.

Law Reports

Murphy v Durie

Murphy and another v Durie 2006 JOL 18301 (C): Fulfilment of suspensive conditions in a bond.

Law Reports

Gowar Investments

Gowar Investments v Section 3 Dolphin Coast and Cameron - Sale of land - non compliance with ss 2(2A) of Alienation of Land Act.

2005
Law Reports

Noormohamed v Visser No and another

A purchaser who assigns rights and obligations arising from sale at public auction not a "nominee" or "trustee" in terms of Conditions of Sale. Meaning of "nominee".

Law Reports

Waller and Another v Pienaar and Another

Voetstoots clauses, non-disclosure of latent defects and the duty to disclose.

Law Reports

Moll v Nedcor Bank

Moll and Another v Nedcor Bank Ltd and Others [2004] 2 All SA 451 (T) - Sale of property in execution subject to a usufruct.

Law Reports

Biggs v Muller

J C Biggs and others v J M Muller and others (ECJ No: 017/2005) - the exercise of pre-emptive rights and estate agents' commissions.

Law Reports

Sayers v Khan

Sayers v Khan [2002] 1 All SA 57 (C) - No reference to a "cooling off-right" will render an Agreement of Sale null and void.

Law Reports

Ronlou Property Development

Cancellation of contract of sale due to non-performance.

2004
Law Reports

Clark v Faraday and Another

"Right to a view" clarified - it is not an automatically-protected, court defined right. Paola v Jeeva NO and Others is therefore of limited application.

Law Reports

FNB v Geovy Villa

In First Rand Bank Ltd v Body Corporate: Geovy Villa [2004] 1 All SA 259 (SCA) - held that a judgment creditor's claim for arrear levies and related costs not preferent to a mortgage bond holder's claim.

Law Reports

Pretoria East Builders

In Pretoria East Builders and Another v Basson - in the absence of proof that owner authorized seller to sell land on his behalf, owner not bound.

Law Reports

Heathfield v Maqelepo

Heathfield v Maqelepo - proper construction of written agreement to purchase immovable property - purchaser or surety.

Law Reports

Jaftha and others v Van Rooyen and others

Appeal upheld in which certain provisions of the Magistrates' Courts Act providing for execution against the immovable property of judgment debtors are challenged.
 

Law Reports

City of Cape Town v Robertson and another

City of Cape Town v Robertson and another - an appeal concerning the validity of a provisional valuation roll of property in the area of jurisdiction of the City of Cape Town.

2003
Law Reports

Tshwane v Faeriedale Body Corporate

Section 36(6) of the Sectional Titles Act 95 of 1986 - a juristic person does not have the capacity to act as a claimant in the recovery of damages to private property.
 

Law Reports

Gregory J Paola v Jaivadan Jeeva NO & Others

A house's view forms an integral part of its value. Building plans which are approved and which spoil the view infringe on the rights of the owner of the view and should therefore never have been approved.

Law Reports

Mkontwana v Nelson Mandela Municipality

Heard with Bisset and others v Buffalo City Municipality and others (903/2002) Constitutionality of Local Government: Municipal Systems Act 32 of 2000.
 

Law Reports

Summer Symphony Properties 13 CC

Summer Symphony Properties 13 CC and BOE Bank Limited v City of Tshwane Metropolitan Municipality and The Registrar of Deeds [2003] TPD. Interpretation of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 ("the Act").