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South Africa Case Law

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Land And Property [2013] ZASCA 98

Nedbank Ltd v Mendelow NO and Another (686/12)

Nedbank Ltd v Mendelow NO and Another (686/12) [2013] ZASCA 98; 2013 (6) SA 130 (SCA) (5 September 2013)

Court
Supreme Court of Appeal
Case number
686/12
Judges
Lewis, Maya, Malan, Shongwe, Zondi

The Supreme Court of Appeal held that registration of transfer of immovable property effected through fraud or forgery does not result in the passing of ownership. The deeds registration system is negative and does not guarantee title; ownership only passes if there is a genuine intention to transfer. In this case, Riccardo Valente forged signatures to induce the Master to sign a certificate and the Registrar of Deeds to register the property and bond. There was no intention by the true beneficiaries to transfer ownership, so the company never became the owner and could not grant a valid mort…

Source excerpt

  • Transfer Of Ownership
  • Fraudulent Conveyancing
  • Rei Vindicatio
  • Administrative Action Review
  • Mortgage Bond Cancellation
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Land And Property [2007] ZAKZHC 37

Prophitius and Another v Campbell and Others (7068/06)

Prophitius and Another v Campbell and Others (7068/06) [2007] ZAKZHC 37; 2008 (3) SA 552 (D); (11 December 2007)

Court
High Courts - Kwazulu Natal
Case number
7068/06
Judge
Nicholson

The court held that the abstract system of transfer governs the passing of ownership of immovable property in South African law. Registration in the Deeds Registry is conclusive of ownership, provided the transferee is innocent and has no knowledge of fraud. The applicants obtained transfer first and are innocent parties; therefore, they are the rightful owners. The Trust's fraud does not vitiate the applicants' title, as there is no evidence of their complicity. The subsequent transfers to the third and fourth respondents are set aside, and the Deeds Registry must be amended to reflect the a…

Source excerpt

  • Transfer Of Immovable Property
  • Abstract System Of Transfer
  • Deeds Registry
  • Fraudulent Conveyancing
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.