South Africa Case Law

Kommandantsdrift v Brits and Others (5171/2015 ; 4070/2015)

Kommandantsdrift v Brits and Others (5171/2015 ; 4070/2015) [2025] ZAWCHC 94 (13 January 2025)

Court

Western Cape High Court, Cape Town

Case number

5171/2015 ; 4070/2015

Judge

Nuku

The court found that all parties laboured under a common mistake regarding the subject matter of the transfers, believing they were dealing only with Micheal's Farm rather than the consolidated property. This mistake vitiated the real agreement required for valid transfer of ownership under the abstract system. There was no evidence that the transferors or transferees intended to transfer or acquire ownership of the property as registered. Consequently, the transfers were void, and the plaintiff is entitled to rectification of the Deeds Office records and to be declared the rightful owner of…

Source excerpt

• Abstract System Of Transfer
• Rectification Of Deeds
• Common Mistake
• Ownership Transfer
• Real Agreement

Mohamed-Padayachee and Another v Mohamed and Another (17370/2022)

Mohamed-Padayachee and Another v Mohamed and Another (17370/2022) [2023] ZAGPJHC 1212 (24 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17370/2022

Judge

Strijdom

The High Court ordered rectification of a deed so the property would reflect the applicants’ one-third shares, rejecting a prescription defence.

• Rectification Of Deeds
• Co-ownership
• Prescription
• Transfer Of Property
• Rectification-of-deeds
• Property-transfer

Turnbury House Properties (Pty) Ltd v Wallin and Another (18924/2020)

Turnbury House Properties (Pty) Ltd v Wallin and Another (18924/2020) [2022] ZAWCHC 95 (18 May 2022)

Court

Western Cape High Court, Cape Town

Case number

18924/2020

Judge

P. S. Van Zyl

The High Court enforced registered servitudes for a road, borehole water, and spring water, rejecting merger, destruction, rectification, and prescription defences.

• Servitude Enforcement
• Merger Of Title
• Rectification Of Deeds
• Specific Performance
• Prescription Of Servitude
• Costs Award

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019)

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180; [2021] 4 All SA 786 (WCC); 2022 (1) SA 175 (WCC) (31 August 2021)

Court

Western Cape High Court, Cape Town

Case number

15175/2019

Judges

Ndita, Dolamo, Sher

The court held that the exclusive use rights to parking bays P64, P73, and P74, although currently vested in the body corporate by operation of section 27(1)(c) of the Sectional Titles Act, remain extant and have not been cancelled by valid resolution. The applicant acquired personal rights to these exclusive use areas through a binding sale agreement and addendum with the developer, and the omission to transfer these rights was a conveyancing error. The body corporate holds the rights in a custodial capacity and is obliged to cooperate in effecting transfer to the applicant, who is the regis…

Source excerpt

• Sectional Titles Act
• Exclusive Use Rights
• Rectification Of Deeds
• Transfer Of Real Rights
• Fiduciary Duties Body Corporate

Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016)

Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016) [2020] ZAKZDHC 25; 2021 (1) SA 269 (KZD) (13 July 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

6969/2016

Judge

Olsen

The High Court held that Wakenshaw Manor owners were liable as association members and allowed rectification of title conditions, subject to the Registrar’s opinion.

• Sectional Titles Act
• Rectification Of Deeds
• Home Owners Association
• Servitude Rights
• Levy Liability
• Contract Rectification

Nel v Van Schalkwyk NO and Others (207/19)

Nel v Van Schalkwyk NO and Others (207/19) [2020] ZANCHC 33 (26 June 2020)

Court

Northern Cape High Court, Kimberley

Case number

207/19

Judge

Nxumalo

The court held that the applicant, as a conveyancer, had discharged his mandate when the property was transferred sixteen years prior and thus became functus officio. He did not possess a written power of attorney or mandate from any interested party authorising him to seek rectification of the deed. Section 4(1)(b) of the Deeds Registries Act regulates the registrar's powers and requires written consent from all interested parties or a court order if consent is refused. The applicant's professional or financial interest in correcting his own error does not constitute a direct and substantial…

Source excerpt

• Deeds Registries Act
• Locus Standi
• Rectification Of Deeds
• Agency
• Mandate Of Conveyancer

Bester NO and Others v Schmidt Bou Ontwikkelings CC (696/11)

Bester NO and Others v Schmidt Bou Ontwikkelings CC (696/11) [2012] ZASCA 125; 2013 (1) SA 125 (SCA) (21 September 2012)

Court

Supreme Court of Appeal

Case number

696/11

Judges

Brand, Snyders, Leach, Theron, Wallis

The Supreme Court of Appeal held that the claim for rectification of the deed of transfer is not a 'debt' as contemplated by the Prescription Act and is therefore not subject to prescription. The erroneous registration of the Remainder in Innova's name did not transfer ownership, as there was no real agreement to transfer that portion. Schmidt Bou Ontwikkelings CC remained the owner of the Remainder, and rectification of the deed of transfer is warranted to reflect the true ownership. The relief sought does not create new rights or obligations but merely corrects the register. Absa Bank Limit…

Source excerpt

• Rectification Of Deeds
• Prescription Act
• Ownership Transfer
• Estoppel
• Mortgage Bond Cancellation

Bester and Others v Schmidt Bou Ontwikkelings (1689/2010)

Bester and Others v Schmidt Bou Ontwikkelings (1689/2010) [2011] ZAWCHC 475 (21 September 2011)

Court

Western Cape High Court, Cape Town

Case number

1689/2010

Judge

Louw

The High Court granted leave to appeal to the Supreme Court of Appeal on prescription and estoppel issues arising from a deed rectification dispute.

• Prescription Act 1969
• Extinctive Prescription
• Rectification Of Deeds
• Estoppel
• Declaratory Relief
• Leave-to-appeal

Meridian Bay Restaurant (Pty) Ltd v Mitchell SC NO (686/2009)

Meridian Bay Restaurant (Pty) Ltd v Mitchell SC NO (686/2009) [2011] ZASCA 30; 2011 (4) SA 1 (SCA) (23 March 2011)

Court

Supreme Court of Appeal

Case number

686/2009

Judges

NAVSA, PONNAN, SHONGWE

The Supreme Court of Appeal held that the developer fraudulently altered the sectional title plans, converting common property into units and transferring them to associated entities without the knowledge of the original purchasers. The subsequent purchaser, Meridian Bay, acquired the disputed sections with actual knowledge of the prior personal rights of the original purchasers, as evidenced by explicit contractual provisions and disclosures. The doctrine of notice applies in such circumstances, rendering Meridian Bay's acquisition wrongful. The court found that the absence of contractual pr…

Source excerpt

• Sectional Titles Act
• Doctrine Of Notice
• Double Sales
• Fraudulent Transfer
• Specific Performance
• Rectification Of Deeds