Thompson v City Council of Municipality of Port Elizabeth (518/87)
Thompson v City Council of Municipality of Port Elizabeth (518/87) [1989] ZASCA 86; [1989] 4 All SA 865 (AD) (27 July 1989)
The Supreme Court of Appeal held that the statutory condition imposed by the Administrator under section 14A(1) of the Townships Ordinance has the force of law and binds all subsequent owners of the affected erf, irrespective of their knowledge of the condition at the time of acquisition. The penalty provision in section 14A(2) is enforceable against the owner upon breach of the condition, and the owner's liability is not contingent upon actual knowledge of the condition. The addendum requiring disclosure in the deed of sale imposes a duty on the seller but does not limit the buyer's liabilit…
Source excerpt
- Statutory Conditions Of Title
- Penalty For Noncompliance
- Disclosure In Property Transfer
- Municipal Regulation