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South Africa decisions
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Aeberhard v Signal View Close Homeowners Association and Others (11256/2023) [2025] ZAWCHC 190 (5 May 2025)
The High Court dismissed an application over alleged encroachment on public open space, finding the applicant failed to establish locus standi under section 38.
City of Cape Town v Ereomax (Pty) Ltd and Others (9612/2023) [2024] ZAWCHC 394 (27 November 2024)
The court found that the property, designated as public open space in the approved township subdivision, vested in the City of Cape Town by operation of law under the Township Planning Ordinance and/or Municipal Planning Bylaw, regardless of the registration in the deeds registry. The negative system of deeds registration in South Africa means that registration does not guarantee ownership, and the true owner retains rights despite erroneous registration. The first respondent's arguments regarding factual disputes and estoppel were rejected, as no genuine dispute of fact was established and t…
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