Van Reenen and Another v Van Reenen and Others (9071/07)
Van Reenen and Another v Van Reenen and Others (9071/07) [2011] ZAWCHC 22 (22 February 2011)
The court held that the applicants' claim to the respondents' undivided half-share in the property constitutes a 'debt' under section 10(1) of the Prescription Act. As the agreement was concluded in 1982 and no date for performance was stipulated, the obligation to transfer arose forthwith or within a reasonable time. Transfer of the property was effected in 1986, and a reasonable period for implementation had elapsed. Therefore, any claim based on the agreement has prescribed. The court further found that the agreement complied with section 2(1) of the Alienation of Land Act, as at the time…
Source excerpt
- Prescription
- Alienation Of Land Act
- Redistribution Agreement
- Transfer Of Property
- Marital Power