Buitendag v Van Rooyen (2024/077124)
Buitendag v Van Rooyen (2024/077124) [2025] ZAGPJHC 175 (17 February 2025)
The court found that the joint ownership of the property should be terminated due to the irretrievable breakdown of the parties' relationship. It exercised its equitable discretion to provide a mechanism for termination that balances fairness and practicality. The respondent is given the first option to buy out the applicant's share at a price determined by an independent valuer, with strict timelines and clear allocation of costs. The applicant is liable for 50% of the initial co-ownership expenses (deposit, transfer, bond registration, rates, and taxes), but not for transfer costs into the…
Source excerpt
- Co Ownership Termination
- Actio Communi Dividundo
- Division Of Property
- Financial Adjustment Between Co Owners
- Transfer Costs Liability