Thorpe v Trittenwein

An agreement for the sale of immovable property in Bedfordview was signed on 8 December 2000 by Brian Edward Thorpe, acting in the name of the Brian Edward Thorpe Trust. The trust had three trustees, but only Thorpe signed the agreement and subsequent addenda. Although the other trustees had orally authorised him to conclude the sale, their authority was not in writing as required by section 2(1) of the Alienation of Land Act 68 of 1981. After delays relating to township establishment and payment of deposits, the seller purported to cancel the sale and later sold the property to a third party. The appellants sought an order declaring the original sale valid and enforceable. The High Court dismissed the application on the basis that the agreement was invalid for non-compliance with section 2(1) of the Act, and the appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the order of the High Court declaring the sale invalid was upheld.

The case is an important authority on the application of section 2(1) of the Alienation of Land Act to trusts. It confirms that trustees must strictly comply with statutory formalities when alienating immovable property and that written authority of co-trustees is essential. The judgment reinforces the principle that courts will not relax statutory requirements for business or family trusts and underscores the distinction between trusts and partnerships in relation to authority to bind.