South Africa Case Law

Cowin NO and Others v Kyalami Estate Homeowners Association and Others (12/11377)

Cowin NO and Others v Kyalami Estate Homeowners Association and Others (12/11377) [2013] ZAGPJHC 121 (25 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

12/11377

Judge

Mashile

The court held that a homeowners association title-deed condition was a real right binding successors in title and refused transfer without compliance.

• Insolvency Act Section 89
• Real Vs Personal Rights
• Title Deed Conditions
• Clearance Certificate Requirement
• Concurrent Creditor Status
• Arbitrary Deprivation Of Property