REJ - June 2020

PURCHASER’S REMEDY WHERE PARKING BAY NOT CEDED ON TRANSFER OF UNIT – 25 June 2020

It happens from time to time that, due to oversight, a formal cession of an exclusive use area does not accompany the registration of transfer of ownership of the unit to the new purchaser. The Sectional Titles Act states that in such an instance the exclusive use area “vests” in the body corporate. Is the purchaser who paid the purchase price and transfer duty on the acquisition of both without a simple remedy?
LE ROUX V DUNROBIN BODY CORPORATE AND OTHERS (10268/2019)[2020] ZAWCHC 53 (9 JUNE 2020)…

THE LATERAL SUPPORT REQUIREMENT: A RECENT WIN – 2 June 2020

Your neighbour’s building activities, conducted in terms of approved plans, causes subsidence on your property and damage to your home. Is there a legal duty on landowners to provide lateral support in built-up urban areas? Must negligence be proved? In the matter: Petropulos & Another v Dias (Case no 1055/2018) [2020] ZASCA 53 (21 May 2020)…