Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009)
Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009) [2010] ZASCA 78; [2010] 4 All SA 282 (SCA) (28 May 2010)
The Supreme Court of Appeal held that the developer's right of extension over the plant area was reserved specifically for the benefit of section 401, as reflected in the registered plans and documents. The developer was not entitled to transfer or cede this right to any person other than the owner of section 401, nor to incorporate the plant area into another section. The court found that financial considerations alone did not constitute 'changed circumstances' justifying deviation from the terms of the reservation. The developer's attempt to transfer the right to the seventh respondent was…
Source excerpt
- Sectional Titles Act
- Real Right Of Extension
- Standing Of Unit Owner
- Changed Circumstances
- Exclusive Use Area
- Interdict