M.K N.O v J.H.P.T and Others (2023/030065) [2025] ZAGPPHC 555 (28 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
2023/030065
Judge
Bam
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.
Samsodien v Samsodien and Others (9938/2020) [2020] ZAWCHC 151; 2021 (2) SA 601 (WCC) (29 October 2020)
Court
Western Cape High Court, Cape Town
Case number
9938/2020
Judge
Davis
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…