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South Africa Case Law

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Commercial And Corporate [2013] ZAGPPHC 52

Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010)

Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010) [2013] ZAGPPHC 52; 2013 (3) SA 447 (GNP) (14 February 2013)

Court
North Gauteng High Court, Pretoria
Case number
31022/2010
Judge
Kollapen

The court held that upon registration of the general plan under the Deeds Registries Act, the land is subdivided into individual erven, each with its own identity and capable of separate ownership. The defendant, as the developer, is the registered owner of these erven until they are transferred to individual purchasers. The Articles of Association of the plaintiff company impose liability for levies on all registered owners of property in the township, including the developer for unsold erven. The court distinguished previous case law dealing with valuation and taxation by local authorities,…

Source excerpt

  • Levies In Home Owners Association
  • Registered Ownership
  • Deeds Registries Act Interpretation
  • Contractual Membership Liability
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Land And Property [2005] ZAGPHC 49

Legoale and Others v Legoale and Others (14206/03)

Legoale and Others v Legoale and Others (14206/03) [2005] ZAGPHC 49 (29 April 2005)

Court
High Courts - Gauteng
Case number
14206/03
Judge
JCW van Rooyen

The court found that the transfer of the site permit and subsequent registration of ownership in favour of Dr Mammule Esther Legoale was valid and supported by expert handwriting evidence confirming the authenticity of Mrs Roseline Legoale's signature. The applicants failed to prove forgery or fraud. The 2000 will, even if valid, could not override the registered ownership established under the Upgrading of Land Tenure Rights Act. The application for co-ownership was dismissed, and the eviction of the first applicant from Erf 2495 was granted. No order as to costs was made, reflecting the com…

Source excerpt

  • Testamentary Dispute
  • Registered Ownership
  • Eviction
  • Upgrading Of Land Tenure Rights Act
  • Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.