South Africa Case Law

Berzack v Huntrex 277 (Pty) Ltd and Others (210/2021)

Berzack v Huntrex 277 (Pty) Ltd and Others (210/2021) [2023] ZASCA 17; [2023] 2 All SA 1 (SCA); 2023 (6) SA 120 (SCA) (21 February 2023)

Court

Supreme Court of Appeal

Case number

210/2021

Judges

Petse, Molemela, Plasket, Nhlangulela, Goosen

The Supreme Court of Appeal was divided. The majority (Plasket JA and Goosen AJA) held that the servitude registered in favour of the applicant was a personal servitude of usus, not a praedial servitude. The servitude served only the applicant's personal pleasure and did not confer a permanent advantage to the dominant tenement as required for praedial servitudes. The majority found that the utilitas requirement was not met, and the rights created were personal in nature. Section 66 of the Deeds Registries Act prohibits registration of personal servitudes extending beyond the lifetime of the…

Source excerpt

• Servitude Registration
• Praedial Vs Personal Servitude
• Deeds Registries Act
• Rectification Of Title Deed
• Acquisitive Prescription

Gauteng Provincial Government: Department of Human Settlements and Others v Pogatsi and Others (2020/19559)

Gauteng Provincial Government: Department of Human Settlements and Others v Pogatsi and Others (2020/19559) [2022] ZAGPJHC 762 (7 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19559

Judge

Manoim

The court found that the Family House Rights Agreement did not confer any rights of ownership or possession to the applicants or their descendants. The agreement only provided for certain temporary rights of tenancy, which were not exercised. The transfer of the property to the first respondent in 2006 was not shown to be erroneous, and there was no evidential basis to go behind the existing terms of the deed. The applicants failed to establish any legal grounds for rectification of the title deed or for the relief sought. The application was accordingly dismissed.

Source excerpt

• Rectification Of Title Deed
• Conversion Act
• Family Rights Agreement
• Ownership Transfer
• Urban Land Permits

Ndlovu obo Ndlovu and Another v Monama and Others (36307/2018)

Ndlovu obo Ndlovu and Another v Monama and Others (36307/2018) [2021] ZAGPJHC 810 (14 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

36307/2018

Judge

F Bezuidenhout

The court found that the applicant and the deceased were married in community of property by operation of law, entitling the applicant to an undivided half share in the property. The purported customary marriage between the deceased and the first respondent was invalid, as both parties were already married under civil law at the time, precluding the conclusion of a valid customary marriage. The 1988 deed of sale met all statutory requirements and was declared valid, while the subsequent transaction in 2014 was tainted by fraud and invalid. The first respondent failed to provide credible evide…

Source excerpt

• Alienation Of Land Act
• Customary Marriage Validity
• Rectification Of Title Deed
• Community Of Property
• Deeds Registries Act

Skosana and Another v Molate and Others (8693/2013)

Skosana and Another v Molate and Others (8693/2013) [2015] ZAGPPHC 698 (8 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

8693/2013

Judge

De Klerk

The High Court dismissed an application to rectify a title deed, holding that the applicant failed to prove how the alleged registration error occurred.

• Rectification Of Title Deed
• Co Ownership Dispute
• Permit Conversion
• Error In Registration
• Rectification-of-title-deed
• Co-ownership-dispute