When is spoliation not unlawful?

The mandament van spolie (spoliation) is available only in cases where the deprivation of possession is illicit. In McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87, the court had to decide whether the mandament van spolie remedy was available to McGregor in circumstances where his access, and the use of an electronic booking… Continue Reading

Praedial and personal servitudes

By Sharusha Moodley A limited real right is a right in an object or a thing of someone else. There are five limited real rights being hypothec, lien, pledge, mortgage, and servitude. A servitude is a limited real right that one person has over another person’s movable or immovable property.  Praedial servitudes always have two… Continue Reading

Prohibition of transferring agricultural holding in undivided shares

Source: Allen West Agricultural holding” is defined in the Agricultural Holdings (Transvaal) Registration Act, 22 of 1919 (hereinafter referred to as the Agricultural Holdings Registration Act), as land of which the use is determined, and it is not smaller than 1 morgen (8565 square meters).  The title deed conditions in respect of agricultural holdings, in most… Continue Reading

How does a Body Corporate deal with pet problems in sectional title schemes?

Prescribed Conduct Rule (“PCR”) 1 deals with the keeping of pets, and states: Keeping of animals, reptiles and birds: The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property. An owner… Continue Reading

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