McLaren v Freimac (Pty) Ltd and Others (08/9285) [2010] ZAGPJHC 33 (28 April 2010)

McLaren v Freimac (Pty) Ltd and Others (08/9285) [2010] ZAGPJHC 33 (28 April 2010)

The court found that the subdivision and registration of the property were unlawful as no consent was obtained from the local authority, in contravention of the Transvaal Ordinance No. 20 of 1986. The Registrar of Deeds acted unlawfully by registering the transfer, breaching statutory duties under the Deeds Registries Act. The delay in bringing the application was not unreasonable, as the applicant only became aware of the unlawful registration in September 2006 and took prompt steps thereafter. Justice and equity require the cancellation of the registration to restore the lawful state of affairs, as the continued unlawful registration undermines the integrity of the Deeds Register and...

Citation
[2010] ZAGPJHC 33
Parties
Applicant: McLaren, Louise; Respondent: Freimac (Pty) Ltd; Respondent: Parkview Golf Club; Respondent: Registrar of Deeds, Pretoria; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 April 2010
Case Number
08/9285
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The subdivision and registration are declared void and the registration is cancelled.
Judges
C.G. Lamont
Legal Topics
Unlawful Registration, Subdivision of Land, Deeds Registries Act, Town Planning Ordinance, Review of Administrative Action
Land and Property Administrative Law Unlawful Registration Subdivision of Land Deeds Registries Act Town Planning Ordinance Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

McLaren, Louise

Applicant

Freimac (Pty) Ltd

Respondent

Parkview Golf Club

Respondent

Registrar of Deeds, Pretoria

Respondent

City of Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the subdivision and registration of Portion 1 of the Farm Parkview Golf Course No. 312 IR was lawful.
  2. 2 Whether the Registrar of Deeds acted unlawfully in registering the transfer without local authority consent.
  3. 3 Whether the delay in bringing the application precludes relief.

Ratio Decidendi

The court found that the subdivision and registration of the property were unlawful as no consent was obtained from the local authority, in contravention of the Transvaal Ordinance No. 20 of 1986. The Registrar of Deeds acted unlawfully by registering the transfer, breaching statutory duties under the Deeds Registries Act. The delay in bringing the application was not unreasonable, as the applicant only became aware of the unlawful registration in September 2006 and took prompt steps thereafter. Justice and equity require the cancellation of the registration to restore the lawful state of affairs, as the continued unlawful registration undermines the integrity of the Deeds Register and...

Court Disposition

Application granted. The subdivision and registration are declared void and the registration is cancelled.

Orders

  • It is declared that there has been no subdivision separating the area of land highlighted on the diagram marked 'X' from the farm Parkview Golf Course No 312 Registration Division IR.
  • The registration of the subdivision of Portion 1 of the farm Parkview Golf Course No. 312 Registration Division IR Province of Gauteng under deed of transfer number T28474/2005 is cancelled.