South Africa Case Law

McKay and Others v Ursiweb (Proprietary) Ltd and Others (3510/2019)

McKay and Others v Ursiweb (Proprietary) Ltd and Others (3510/2019) [2019] ZAFSHC 232 (5 December 2019)

Court

Free State High Court, Bloemfontein

Case number

3510/2019

Judge

M.A. Mathebula

The court found that the respondents' use of the property for business purposes was in clear contravention of restrictive title conditions and the township scheme, which require residential use only. The applicants, as residents and property owners in the suburb, possess sufficient locus standi to enforce these restrictions, as the scheme was enacted for the benefit of the community, not just property owners. The respondents' arguments regarding proximity and the third applicant's lack of ownership were rejected; standing extends to those with a protectable interest, including residents. The…

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• Restrictive Conditions
• Town Planning Scheme
• Locus Standi
• Final Interdict
• Illegal Land Use

Abdul v Williams and Others (CA227/2018)

Abdul v Williams and Others (CA227/2018) [2019] ZAECGHC 103 (29 October 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA227/2018

Judges

E Revelas, J W Eksteen, M Rusa

The court held that the sale and transfer of the state-subsidised property within the eight-year restriction period, without the written consent of the relevant Provincial Housing Department, was strictly prohibited by section 10A of the Housing Act. Both the initial sale agreement and the subsequent lease agreement between the appellant and the first and second respondents were concluded in contravention of the statutory restriction and were therefore null and void. The appellant did not acquire any rights in the property, either as purchaser or tenant. The subsequent sale and transfer to th…

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• Housing Act Section 10a
• State Subsidised Property
• Restrictive Conditions
• Nullity Of Sale
• Alienation Of Property

Frantrade Nineteen (Pty) Limited and Others Realty Corporation of South Africa Limited and Others (20400/2018)

Frantrade Nineteen (Pty) Limited and Others Realty Corporation of South Africa Limited and Others (20400/2018) [2019] ZAGPJHC 313 (22 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

20400/2018

Judge

Twala ML

The High Court dismissed an application to remove a restrictive title deed condition, holding the applicants lacked standing under the statute and consent was required.

• Restrictive Conditions
• Personal Servitude
• Title Deed Registration
• Locus Standi
• Removal Of Restrictions
• Restrictive-conditions

Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016)

Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016) [2016] ZAECPEHC 58; [2016] 4 All SA 524 (ECP) (22 September 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1147/2016

Judge

S M Mbenenge

The High Court held that the municipality’s comment sheets were definitive refusals of a building plan, so the applicant had to pursue the statutory review remedy.

• National Building Regulations
• Building Plan Approval
• Restrictive Conditions
• Municipal Decision Making
• Review Remedy
• Site Development Plan

Move on Up 104 CC and Others v Sagewise 1018 CC t/a Dragon Fuels and Others (14300/15)

Move on Up 104 CC and Others v Sagewise 1018 CC t/a Dragon Fuels and Others (14300/15) [2016] ZAKZPHC 3 (5 January 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

14300/15

Judge

Lopes

The High Court granted an interim interdict enforcing restrictive conditions on two Newcastle service stations pending a municipality decision on their removal.

• Town Planning Scheme
• Restrictive Conditions
• Interim Interdict
• Petroleum Products Act
• Municipal Consents
• Competition Between Service Stations

General Food holdings (Pty) Ltd v Van Niekerk NO and Others (A707/10)

General Food holdings (Pty) Ltd v Van Niekerk NO and Others (A707/10) [2013] ZAGPPHC 257 (28 August 2013)

Court

North Gauteng High Court, Pretoria

Case number

A707/10

Judges

FHD Van Oosten, HJ De Vos, N Kollapen

The High Court found no repudiation by the purchasers, set aside declaratory orders blocking future claims, and awarded costs to the successful appellants.

• Sale Of Land
• Specific Performance
• Repudiation
• Restrictive Conditions
• Costs Order
• Specific-performance

Municipality of Mossel Bay v The Evangelical Lutheran Church and Another (443/12)

Municipality of Mossel Bay v The Evangelical Lutheran Church and Another (443/12) [2013] ZASCA 64 (24 May 2013)

Court

Supreme Court of Appeal

Case number

443/12

Judges

Lewis, Theron, Majiedt, Plasket, Zondi

The Supreme Court of Appeal held that the restrictive conditions in the title deeds must be interpreted holistically and according to their ordinary meaning. The word 'or' in the conditions is plainly disjunctive, meaning that either cessation of use or lack of requirement for the stipulated purposes triggers reversion. The church had ceased using the properties for church or educational purposes since January 2006, and its stated intention to resume such use in the future could not cure the breach. The facts were largely undisputed, and the respondent's bare denial was insufficient to create…

Source excerpt

• Restrictive Conditions
• Title Deed Interpretation
• Reversion Of Property
• Church Property Use

Municipality of Mossel Bay v Evangelical Lutheran Church and Another (22109/10)

Municipality of Mossel Bay v Evangelical Lutheran Church and Another (22109/10) [2011] ZAWCHC 434 (23 September 2011)

Court

Western Cape High Court, Cape Town

Case number

22109/10

Judge

Baartman

High Court dismissed a municipality’s claim to take transfer of church-owned land under restrictive title deed conditions tied to church and educational use.

• Restrictive Conditions
• Title Deed Interpretation
• Property Reversion
• Constitutional Property Rights
• Restrictive-conditions
• Title-deed-interpretation

Resnekov v Cohen (1787/11)

Resnekov v Cohen (1787/11) [2011] ZAWCHC 317; 2012 (1) SA 314 (WCC); [2012] 1 All SA 680 (WCC) (24 August 2011)

Court

Western Cape High Court, Cape Town

Case number

1787/11

Judge

Griesel

The court held that a title deed restriction was a personal servitude, not a praedial servitude, and dismissed an urgent interdict for lack of locus standi.

• Restrictive Conditions
• Personal Servitude
• Praedial Servitude
• Title Deed Interpretation
• Personal-servitude
• Praedial-servitude

Erasmus NO and Another v Blom and Others (3311/09)

Erasmus NO and Another v Blom and Others (3311/09) [2011] ZAECPEHC 11 (31 March 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3311/09

Judge

E Revelas

Trustees claimed the defendant built too high and blocked their river view, but the court found no proven breach of agreement or building rules.

• Building Regulations
• Negative Servitude
• Onus Of Proof
• Restrictive Conditions
• Building-regulations
• Neighbour-law