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South Africa Case Law

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Land And Property [2025] ZAGPPHC 555

M.K N.O v J.H.P.T and Others (2023/030065)

M.K N.O v J.H.P.T and Others (2023/030065) [2025] ZAGPPHC 555 (28 May 2025)

Executor’s application to terminate co-ownership and sell estate property dismissed for failure to notify the Registrar under section 97 and for bypassing the Master under section 47.

  • Joint Ownership Termination
  • Deeds Registry Act Section 97
  • Administration Of Estates Act Section 47
  • Executor Powers
  • Partition Transfer
  • Compliance With Statutory Notice
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Land And Property [2020] ZAWCHC 151

Samsodien v Samsodien and Others (9938/2020)

Samsodien v Samsodien and Others (9938/2020) [2020] ZAWCHC 151; 2021 (2) SA 601 (WCC) (29 October 2020)

The court held that section 2(1) of the Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965 does not empower it to remove or modify a lifetime usufruct granted in a will. A usufruct is a personal, limited but real right that forms part of the panoply of ownership rights, and is not a 'restriction' as contemplated by the Act. While the Act may justify modification of restrictions such as those on subdivision, it cannot be used to remove or restrict a usufructuary right expressly granted in the will. The equities favour the applicant, but the law is clear and does not pe…

  • Usufruct
  • Removal Of Restrictions
  • Immovable Property Act 94 Of 1965
  • Partition Transfer
  • Testamentary Bequest
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Land And Property [2013] ZANWHC 75

Ramaf and Another v Thlapane and Others (3380/09)

Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)

The court dismissed a claim to ownership of a farm, but declared that the second plaintiff or his close corporation owns the butchery and its assets.

  • Ownership Of Land
  • Declaration Of Rights
  • Acquisitive Prescription
  • Partition Transfer
  • Tribal Land Rights
  • Ownership-of-land
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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.