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South Africa decisions
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Hattingh N.O. and Another v Haasbroek and Others (3149/2022) [2022] ZAFSHC 243 (19 September 2022)
The High Court dismissed an application to compel transfer of two farms, finding a real dispute of fact about the alleged loan-sale arrangement that could not be decided on affidavit.
Maremmana Home Owners' Association v Melnic Wine Solutions CC and Others (16839/2018) [2020] ZAWCHC 20 (11 March 2020)
The High Court held that a homeowners’ association could not enforce subdivision and transfer of land under the sale clauses, and dismissed the application.
Shikoane v Government of the Republic of South Africa and Others (16926/2001) [2015] ZAGPPHC 720 (15 October 2015)
The court held that the plaintiff's claims for transfer, damages, and enrichment had prescribed under the Prescription Act and dismissed the action with punitive costs.
Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust (20165/2014) [2015] ZASCA 103; 2015 (5) SA 290 (SCA); [2015] 3 All SA 523 (SCA) (30 June 2015)
The Supreme Court of Appeal held that an encroacher does not have an independent cause of action to compel transfer of another's land in the absence of a removal order sought by the owner. The court analysed the authorities relied upon by the lower court and found that none supported the proposition that an encroacher may offensively claim transfer of property. The default remedy for encroachment is removal, and compensation or transfer may only be ordered where the owner acquiesces or seeks such relief. The court further held that no court has ever ordered transfer of land beyond the area of…
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Kungwini Estates (Pty) Ltd v Kepoa Property Owners Association (NPC) and Others (30121/2011) [2015] ZAGPPHC 8 (23 January 2015)
The court dismissed an application and counter-application to vary an earlier order for transfer of Erf 21, finding no mutual mistake and no basis to amend the order.
Eskom Holdings Ltd v Heyns (10947/2010) [2011] ZAWCHC 373 (19 August 2011)
The High Court dismissed Eskom’s application to compel transfer of land, holding that a suspensive condition on subdivision had not been fulfilled.
Naidoo and Another v Chetty and Others (6546/06) [2009] ZAKZPHC 84 (1 December 2009)
The court dismissed an application to register subdivided land and remove interdicts, holding that the applicants’ rights were contractual and transfer could not proceed.
Van Heerden NNO v De Wet NNO en Andere (56054/08) [2009] ZAGPPHC 20 (3 April 2009)
The High Court declared the Bezuidenhout Trust the owner of the property, set aside the 2008 transfer and bond, and ordered ABSA to pay costs caused by its opposition.
MSC Properties (Pty) Ltd v Drummond-Hay (14026/06) [2007] ZAKZHC 47 (3 December 2007)
A boundary-wall encroachment dispute resolved by orders for coordinated repairs, transfer of the encroached portion, no compensation, and costs against the respondent.
Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk v Trust and Others (609/1987) [1989] ZASCA 21 (23 March 1989)
The appeal was dismissed because the appellant failed to prove a common mistake in the sale and transfer of the disputed land portion.
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