Issue 05 / February 2017

For expert advice contact
our experienced staff

T: +27 (12) 425 3400

www.macrobert.co.za


Attorneys’,Conveyancers’
and Notaries:

jvanbroekhuizen@macrobert.co.za
jessica.jvrensburg@macrobert.co.za
dduplooy@macrobert.co.za

Property Specialist:
awest@macrobert.co.za

Property Liaison Manager:
dloubser@macrobert.co.za


Conversion of a Share Block Scheme Into
Sectional Title Ownership


Subsequent to the registration of the sectional plan effecting the conversion of a share block scheme into a sectional title scheme, the share block company may transfer units in the scheme to share block holders, or any third party. The transfer of units to share block holders is governed by the Share Blocks Control Act 59 of 1980, whilst the transfer of units from the share block company to another party, other than the share block holder, is governed by the Sectional Titles Act 95 of 1986.

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Pre Emptive Right: Proper vis–à–vis
Pre Emptive Right – Condition

From a conveyancing point of view and for the ensuing reasons it is imperative to distinguish between a pre emptive right proper and a pre emptive right condition which prima facie appears to be a consumable pre emptive right, but binds successors in title or is enforceable in perpetuum.

Change of Customary Marriage System
Into a Civil Marriage System

It often occurs that spouses enter into a customary marriage and subsequently, for religious or other unbeknown reasons, wish to “convert” such customary marriage into a civil marriage, governed by the Marriage Act 25 of 1961. The question begging an answer is what are the proprietary consequences of such subsequent civil marriage? It is trusted that what follows will shed more light on this issue.

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Disclaimer: MacRobert Inc. has taken care to ensure that the content of this newsletter is accurate. The possibility of administrative oversights or other inaccuracies in third party material can however not be excluded. This newsletter is further not intended to be entirely comprehensive on the subject matter and must be viewed as a tool for general research and alerting purposes only. The reader is accordingly cautioned not to take any decisive action based on the content of and/or omissions to this publication alone and MacRobert does not accept liability for any damages incurred as a result of any party relying solely on such content or fact of omission.