Holtzhausen v Chetty and Another (AR 256/2013) [2013] ZAKZPHC 66 (6 December 2013) A breakdown in communication between a seller and purchaser is not, without more, an indication that either party had (legally) cancelled the agreement. To cancel an agreement the prescripts of the law must be followed, aligned to the provisions of the agreement's breach clause. This is crucial, as this matter shows, because an estate agent's claim for commission based on the parties' cancellation of the agreement failed following the Court's finding that there never was cancellation, despite their agreement not being proceeded with. read more The Judgment Summary of the Judgment
BUILDING PLANS: NEIGHBOUR'S UPSTAIRS WINDOW WILL LOWER MY PROPERTY VALUE? Badenhorst and Another v Retief and Another (13145/13) [2013] ZAWCHC 181 (5 December 2013) The Building Act sets out the basis on which owners can dispute neighbours' building plans. In certain circumstances, derogation of the value of a property is a consideration that may oblige a municipality to reject the plans. This was the basis for the arguments in this matter. The argument was unsuccessful as it was not shown that the value will be diminished, the Court emphasizing that the value of property, in the context of the Building Act, refers to more than just the price the property would fetch on resale. read more The Judgment Summary of the Judgment