Skillfull 54 (EDMS) Beperk v Human N.O. (5107/2013) [2014] ZAFSHC 14 (20 February 2014)

Skillfull 54 (EDMS) Beperk v Human N.O. (5107/2013) [2014] ZAFSHC 14 (20 February 2014)

The court found that the applicant failed to demonstrate actual prejudice resulting from the respondent's deviation from the registered sectional title plan. The evidence showed that the new block would occupy unused communal land, would not contribute to a sense of overcrowding, and that utilities and traffic concerns were addressed and approved by relevant authorities. The applicant did not invest in the units with reliance on the development of the sixth block or the communal property. The claim of decreased property value was speculative and could be objectively assessed in future. The court accepted the respondent's version of changed market conditions and found no factual basis for...

Citation
[2014] ZAFSHC 14
Parties
Applicant: Skillfull 54 (EDMS) Beperk; Respondent: Johannes Wagenaar Human N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 February 2014
Case Number
5107/2013
Procedural Posture
Urgent Application / Final Determination of Application
Outcome
Application dismissed with costs.
Judges
C.H.G. van der Merwe, R
Legal Topics
Sectional Titles Act, Right of Extension, Compliance With Registered Plan, Injunctive Relief
Land and Property Sectional Titles Act Right of Extension Compliance With Registered Plan Injunctive Relief

Case Brief

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Parties

Skillfull 54 (EDMS) Beperk

Applicant

Johannes Wagenaar Human N.O.

Respondent

Procedural Posture

Urgent Application / Final Determination of Application

Legal Issues

  1. 1 Whether the respondent is obliged to construct buildings strictly in accordance with the registered sectional title plan under section 25(13) of the Sectional Titles Act.
  2. 2 Whether the applicant, as owner of units in the scheme, is prejudiced by the deviation from the registered plan.
  3. 3 Whether changed circumstances justify deviation from the registered plan.

Ratio Decidendi

The court found that the applicant failed to demonstrate actual prejudice resulting from the respondent's deviation from the registered sectional title plan. The evidence showed that the new block would occupy unused communal land, would not contribute to a sense of overcrowding, and that utilities and traffic concerns were addressed and approved by relevant authorities. The applicant did not invest in the units with reliance on the development of the sixth block or the communal property. The claim of decreased property value was speculative and could be objectively assessed in future. The court accepted the respondent's version of changed market conditions and found no factual basis for...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.