Issue 06 – 2019

Posted on: April 5th, 2019 by STBBSiteOwner

CANCELLING INSTALMENT SALES: DUE DATES OF PAYMENTS CRITICAL

Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47; 2019 (2) BCLR 193 (CC) (28 November 2018)

The Alienation of Land Act prohibits the seller in an instalment sale to receive consideration in respect of a sale until such time as the agreement is recorded against the title deed concerned. In this case, which made it all the way up to the Constitutional Court, a seller had attempted to cancel numerous instalment sales on the basis of purchasers being in default. The seller, for having received some payments before the agreements were recorded against the title deeds, was in contravention of section 26 of the ALA. Because of this, the purchasers argued their obligations only became due and payable once the agreements were recorded, and because the NCA notices issued to them failed to inform them of the amount(s) due and the exact date of the recordal, they were unable to ascertain when the debt became due and were therefore unable to make payment as required.

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The Judgment
Summary of the Judgment

SPEED LIMITATIONS IN HOMEOWNERS’ ESTATES: IT’S A CONTRACT AND ENFORCEABLE

Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and Others (323/2018) [2019] ZASCA 30 (28 March 2019)

The thorny issue whether a homeowners’ association may validly impose speed restrictions in respect of roads in the estate has finally been laid to rest, the Supreme Court of Appeal finding that an association may indeed do so. And, where the rules of the association lay down a penalty for contravention, owners who contractually bound themselves to the rules when purchasing in the estate are liable. The reasoning and context is contained in the summary.

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The Judgment
Summary of the Judgment

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