Christo Mulder Attorneys

In a significant decision by the Western Cape High Court in Body Corporate of Merriman Court and others v Greeff [2024] JOL 63094 (WCC), the complexities of extending property within sectional schemes were brought to the forefront. This case underscores the importance of legal clarity and procedural adherence in property rights and extensions.

The Case Overview

A unit owner sought to extend their dwelling into a common garden area, claiming exclusive use rights. Initially granted permission through a court order, this decision was quickly challenged by the body corporate, leading to an appeal.

Judicial Findings

Justice Allie’s examination revealed the approval claimed by the respondent was unsupported by evidence and marred by conditions needing further clarification. Crucially, the lack of a special resolution, as required by the Sectional Titles Act (Act 95 of 1986), for such an extension highlighted procedural lapses.

Implications and Verdict

The court determined that without a valid extension right, established via appropriate legal channels, the respondent’s request was untenable. This ruling not only settled the dispute but also highlighted the necessity for clear legal protocols in managing common properties within sectional schemes.


The Merriman Court ruling serves as a critical reminder of the importance of following legal procedures in property extensions. It stresses the need for property owners and body corporates to work within the legal framework to ensure the rights and responsibilities of all parties are respected and preserved.

This case acts as a guidepost for those navigating the complexities of property extensions within sectional housing schemes, emphasising the balance between individual aspirations and communal rights.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.

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