South Africa Case Law

McLennan-Smith and Others v Mannaru and Others (10977/2014)

McLennan-Smith and Others v Mannaru and Others (10977/2014) [2020] ZAKZDHC 17; [2020] 3 All SA 814 (KZD) (30 April 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

10977/2014

Judge

D Pillay

The court found that, under the common law, beneficiaries of a servitude cannot unilaterally erect a security gate across a servitude without the owner's consent, as this constitutes an encroachment and imposes a prohibited burden. However, the oral agreement between the parties permitted a temporary gate, and the plaintiffs' security concerns are genuine. The law must balance the plaintiffs' right to security with the defendant's property rights, applying a reasonable use standard. The court recognised the need to develop the common law to accommodate modern security needs, provided such dev…

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• Servitude Rights
• Security Gate Encroachment
• Rectification Of Title Deeds
• Common Law Development
• Constitutional Property Rights

Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018)

Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018) [2019] ZAKZPHC 21; 2019 (5) SA 195 (KZP) (15 April 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR161/2018

Judges

Mbatha, Madondo, Hadebe

The court found that the conditions registered in the title deed created only personal rights enforceable against the original purchaser, not real rights binding successors-in-title. The respondents failed to provide evidence of a common intention or written consent required for rectification under s 4(1)(b) of the Deeds Registries Act. The attempt to substitute parties and amend the extent of the property amounted to the creation of new rights, not the correction of errors. Furthermore, the reversionary right clause, which allowed transfer of property without compensation, was held to be unc…

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• Rectification Of Title Deeds
• Real Vs Personal Rights
• Deprivation Of Property
• Deeds Registries Act
• Constitutional Property Rights
• Specific Performance

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015)

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015) [2015] ZAWCHC 164 (29 October 2015)

Court

Western Cape High Court, Cape Town

Case number

619/2015

Judge

Riley

The High Court ordered renumbering of mistaken erven in Philippi so title deeds match occupation, with related amendments to the general plan and deeds.

• Rectification Of Title Deeds
• Registration Of Land
• Deeds Registries Act
• Surveying Errors
• Public Open Space
• Mortgage Bond Cancellation

Bonthuys and Another v Potgieter and Others (16760/2014)

Bonthuys and Another v Potgieter and Others (16760/2014) [2014] ZAGPPHC 170 (3 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

16760/2014

Judge

Kollapen

High Court case on sectional-title ownership, non-joinder, and a Surveyor General plan error. The application was dismissed with costs.

• Sectional Title Ownership
• Joinder Of Parties
• Rectification Of Title Deeds
• Property Registration Error
• Sectional-title-ownership
• Joinder-of-parties

Schmidt Bou Ontwikkelings BK v Bester en Anders (1689/2010)

Schmidt Bou Ontwikkelings BK v Bester en Anders (1689/2010) [2011] ZAWCHC 325 (17 August 2011)

Court

Western Cape High Court, Cape Town

Case number

1689/2010

Judge

Louw R

The court found that the applicant never intended to transfer ownership of the entire Erf 3117 to Innova Holdings, but only a portion thereof. The transfer of the whole erf was effected on the basis of a forged power of attorney, and there was no real agreement between the applicant and Innova for the transfer of the remainder. The negative registration system in South African law does not guarantee the correctness of the deeds office records. The applicant's claim for rectification is not barred by prescription, as it does not constitute enforcement of a debt. The defence of estoppel raised…

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• Rectification Of Title Deeds
• Ownership Transfer
• Mortgage Cancellation
• Estoppel
• Negative Registration System

Meintjes NO v Coetzer and Others (089/09)

Meintjes NO v Coetzer and Others (089/09) [2010] ZASCA 32; 2010 (5) SA 186 (SCA) ; [2010] 4 All SA 34 (SCA) (29 March 2010)

Court

Supreme Court of Appeal

Case number

089/09

Judges

Mthiyane, Shongwe, Leach, Theron, Seriti

The Supreme Court of Appeal held that the deceased did not waive or abandon her right to ownership of portions 2 and 3 of the farm. The transfer and registration of the property into the names of the first and second respondents were effected by fraudulent means, with falsified deeds of sale and transfer documents. No valid deed of alienation was signed as required by section 2(1) of the Alienation of Land Act. Mere registration does not confer ownership in the absence of a real agreement and intention to transfer. The respondents failed to prove that the deceased, with full knowledge of her…

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• Rei Vindicatio
• Waiver Of Ownership
• Rectification Of Title Deeds
• Alienation Of Land Act
• Fraudulent Transfer