Law Reports

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

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

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

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.

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

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.

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

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

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.

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.

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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.

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

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.

Transferring attorney calling for guarantees from the purchaser.

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

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

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

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

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.

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.

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

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

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

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

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

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

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.

Cancellation of contract of sale due to non-performance.

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.

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.

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

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.

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.

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