Simcha
Simcha Properties v San Marcus Properties - s288 of Companies Act - directors authorisation by sole shareholder to dispose of company's sole asset.
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Rockbreakers
Rockbreakers and Parts v Rolag Property Trading (498/08) [2009] ZASCA 102 - Alienation of land - non signed suspensive condition counter offer.
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Executable properties
Firstrand Bank Ltd v Maleke and Three Similar Cases 2010 (1) SA 143 (GSJ) - National Credit Act: Declaring immovable properties executable.
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Hoofar
Hoofar Investments (Pty) Ltd - Duty of seller to pay municipal rates and charges.
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Environmental Management Act
Hangklip/Kleinmond Federation of Ratepayers Associations - Relevant factors when approving a development in terms of the National Environment Management Act.
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Kovacs
Kovacs Investments 724 (Pty) Ltd v Marais (323/08) [2009] ZASCA 84 - Substitution of manner of performance required in a 'subject to' clause.
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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.
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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.
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Execution
Sheriff of the High Court, Hlabisa & Nongoma v Shobede: In re FirstRand Finance Company Ltd [2009] JOL 23544 (KZP) - cancelling an execution sale.
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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.
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Gumede
Gumede v President of the Republic of South Africa [2008] ZACC 23 - customary marriages and ownership of immovable property.
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Frazer
Frazer v Viljoen [2008] ZASCA 24 - incomplete pro forma agreement of sale - non compliance with s 2(1) of Alienation of Land Act.
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Walele
Walele v City of Cape Town and Others CCT 64/07 [2008] ZACC 11 - Municipal approval of building plans - more problematic.
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Soni
First Rand Bank v Soni [2007] JOL 21006 (N) - failure to meet bond repayments after an agreement of sale entered into.
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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.
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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.
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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.
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Beyers
Beyers No v Ackerman [2007] JOL 19692 (C) - latent defects and voetstoots.
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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.
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Loots
A L Loots and Another v Rojen CC - rule nisi, effect of suspensive condition lapsing.
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Jordaan
Jordaan v Msweli [2007] EL 188/05; ECD 488/05 - suspensive conditions in an agreement of sale of land - fulfilment, nature of.
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Mostert
Mostert/Van der Weshuizen and Another - the validity of an option to purchase granted in a lease agreement.
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Maharaj
Maharaj & another v Govindsamy & another [2007] JOL 19052 (D)
- Non-fulfilment of suspensive conditions in agreements of sale.
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Murphy v Durie
Murphy and another v Durie 2006 JOL 18301 (C): Fulfilment of suspensive conditions in a bond. More...
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?
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Allaclas Investments (Pty) Ltd
Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Intervening Parties. - claim based upon the common law of private nuisance.
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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.
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Thorpe v Trittenwein
Thorpe v Trittenwein [2006] SCA 30 (RSA) - trustees; meaning of "agent"
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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.
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Warrant of execution against immovable property
Paul Esselaar considers the implications of Standard Bank of South Africa v Saunderson (A) 2005/358.
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Ras v Reb Management Services
Ras v Reb Management Services CC & Others 2006 JOL 16549 (D) - nominee clauses and trusts.
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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.
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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.
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Waller and Another v Pienaar and Another
Voetstoots clauses, non-disclosure of latent defects and the duty to disclose.
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Jaftha and others v Van Rooyen and others (CCT 74/03)
Appeal upheld in which certain provisions of the Magistrates' Courts Act providing for execution against the immovable property of judgment debtors are challenged.
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Heathfield v Maqelepo
Heathfield v Maqelepo - proper construction of written agreement to purchase immovable property - purchaser or surety.
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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.
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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").
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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.
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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.
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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.
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Pappalardo
Pappalardo v Hau - neighbour law, drainage of rainwater, whether lower owner has to accept water from higher owner's property.
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Obey
Van Rensburg NO - obey restrictive title conditions or risk the court ordering you to demolish offending parts.
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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.
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Bester
Bester NO v Nel and Others (including the Registrar of Deeds) [2009] JOL 22977 (T) - Deeds Office rejection of interpretation of a will.
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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.
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Hunkydory
Hunkydory Investments Disposal and section 228 of the Companies Act - is a special resolution necessary when registering a mortgage bond?
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Ashington
Ashington & Another v Body Corporate of Dryden Hall & Another [2009] JOL 23405 (D) unfulfilled suspensive conditions.
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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.
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Odendaal
Odendaal v Ferraris (422/2007) [2008] ZASCA 85 - patent defects, voetstoots clause.
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Wary
Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Others (CCT 78/07) [2008] ZACC 12.
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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.
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Koumantarakis
Koumantarakis Group CC v Mystic River Investment 45 (Pty) Ltd - guarantees for the deposit or purchase price.
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Shaik and Others
Shaik & others v Pillay & others [2007] JOL 20893 (N) - pitfalls involving contracts for the sale of members' interests in immovable property.
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Just Names
Just Names Properties v Fourie [2007] SCA 126 (RSA) - sellers signing blank page in an agreement of sale.
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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.
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Stalwo
Stalwo v Wary Holdings [2007] SCA 133 (RSA) - Contract of sale of land - whether a suspensive condition a tacit term.
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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.
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Reitz
Reitz v Ström and another [2007] CPD - Agreement of sale, breach, cancellation.
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HTF Developers
HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism [2007] SCA 37 (RSA) - Environmental Conservation Act.
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Manna
EP Manna v JM Lotter - the validity of a deed of sale which was accepted AFTER the offer had lapsed...
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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.
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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.
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Rhode v Stubbs
Rhode v Stubbs 2005 (5) SA 104 (SCA) - rare decision regarding the legal principles underlying the massing of estates.
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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.
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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.
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Hanekom
Hanekom v Builders Market Klerksdorp (Pty) Ltd [2006] SCA 2 (RSA) - validity of suretyship passed by a CC.
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Unitrans v Knight
Unitrans Motors (Pty) Ltd v Knight Street Proper (Pty) Ltd 2006 JOL 16520 (SE) - breach clauses, reservation of rights.
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Butler v Du Preez
Transferring attorney calling for guarantees from the purchaser.
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Standard Bank v Saunderson and Others
Execution against mortgaged property - whether mortgagee required to justify order constitutionally.
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Ronlou Property Development
Cancellation of contract of sale due to non-performance.
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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.
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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".
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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.
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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.
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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.
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Mkontwana v Nelson Mandela Metropolitan Municipality and others (1238/02)
Heard with Bisset and others v Buffalo City Municipality and others (903/2002)
Constitutionality of Local Government: Municipal Systems Act 32 of 2000.
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Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale
Section 36(6) of the Sectional Titles Act 95 of 1986 - a juristic person("body corporate") does not have the capacity to act as a claimant in the recovery of damages to private property.
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