Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and Others (60/99)
Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and Others (60/99) [2001] ZASCA 28; [2001] 3 All SA 321 (A); 2001 (3) SA 569 (SCA) (19 March 2001)
The Supreme Court of Appeal held that the conditions registered in the original deed of transfer, specifically the use restriction and right of repurchase, constituted real rights intended to bind successors in title. These rights were properly registrable under the Deeds Registries Act as they imposed a subtraction from the dominium of the land. The omission of these conditions from subsequent title deeds was an error by the conveyancer and Registrar of Deeds, which did not extinguish the real rights. Under South Africa’s negative system of registration, the deeds registry does not guarantee…
Source excerpt
- Real Rights
- Title Deed Rectification
- Deeds Registries Act
- Use Restriction
- Preemptive Right
- Negative System Of Registration