Cowin N.O. and Others v Kyalami Estate Homeowners Association and Others (499/2013)
Cowin N.O. and Others v Kyalami Estate Homeowners Association and Others (499/2013) [2014] ZASCA 221 (12 December 2014)
The Supreme Court of Appeal held that the restrictive title condition in the deed of transfer, which prohibits the transfer of immovable property without a clearance certificate from the homeowners association, constitutes a real right. This right is binding not only on the property owner but also on successors in title, including liquidators of an insolvent estate. The amounts owed to the association do not qualify as 'taxes' under section 89(5) of the Insolvency Act, as previously determined by the court in Barnard NO v Regspersoon van Aminie en ‘n ander. The liquidators are therefore requi…
Source excerpt
- Real Rights In Land
- Title Conditions
- Homeowners Association Liabilities
- Insolvency Priorities
- Clearance Certificates