Land Settlement Board v Marais [1909] ZAHCORC 12 (5 April 1909)

Principal and agent.-Knowledge binding principal.-.Agreement as to water leading.

Where the L Board and M had purchased two adjoining farms from two brothers, who had come to an agreement whereby the owner of De K-M's farm-had the right to lead water from a dam
situated on W-the L Board's farm-and S, who bought the farm W for the L Board and acquired it on land settlement terms, knew of the agreement between the two vendors before he received authority to purchase, Held, that no agency was created between S and the L Board prior to the day before the sale; that the knowledge S had acquired before that date did not bind the L Board, and that M had no right to claim the indorsement of the burden on the transfer deeds.