South Africa Case Law

Wykwet 31 (Pty) Ltd and Others v Rand Water (A392/2018)

Wykwet 31 (Pty) Ltd and Others v Rand Water (A392/2018) [2020] ZAGPJHC 292 (10 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A392/2018

Judges

Maier-Frawley, Makume, Bester

The respondent failed to establish a clear and enforceable real right of servitude along the south-western boundary of Holding 50. The manuscript amendment to the notarial deed was unilateral, lacked the required consent, was not attested by a notary, and was never registered in the Deeds Office. The servitude as registered existed only along the north-western boundary (line AB), not the south-western boundary (line AD). The respondent's reliance on interpretation of the deed could not cure the absence of statutory compliance and registration. The respondent did not prove a real right enforce…

Source excerpt

• Servitude Registration
• Deeds Registries Act Compliance
• Rectification Of Notarial Deed
• Condonation
• Real Rights Vs Personal Rights

Naidoo and Another v Chetty and Others (6546/06)

Naidoo and Another v Chetty and Others (6546/06) [2009] ZAKZPHC 84 (1 December 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6546/06

Judge

Steyn

The court dismissed an application to register subdivided land and remove interdicts, holding that the applicants’ rights were contractual and transfer could not proceed.

• Registration Of Property
• Removal Of Interdicts
• Real Rights Vs Personal Rights
• Transfer Of Land
• Prejudice To Third Parties
• Property-law

Dream Supreme Properties 11CC v Nedcor Bank Ltd. and Others (490/05)

Dream Supreme Properties 11CC v Nedcor Bank Ltd. and Others (490/05) [2007] ZASCA 8; 2007 (4) SA 380 (SCA) (13 March 2007)

Court

Supreme Court of Appeal

Case number

490/05

Judges

Streicher, Farlam, Mthiyane, Mlambo, Malan

The majority held that the doctrine of notice does not apply to the attachment of property by a judgment creditor, even where the creditor has knowledge of a prior personal right arising from a sale. The judgment creditor, acting under statutory authority, is entitled to attach and sell the property in execution, and such actions cannot be regarded as a species of fraud. Extending the doctrine of notice to such situations would undermine the effectiveness of sales in execution and create uncertainty for creditors and purchasers. The court found that the agreement of sale between the appellant…

Source excerpt

• Doctrine Of Notice
• Attachment Of Property
• Sale In Execution
• Priority Of Personal Rights
• Real Rights Vs Personal Rights