The new Property Practitioners Act

The Property Practitioners Act came into effect on 1 February 2022. The Act provides, amongst other things, for the regulation of property practitioners, transformation of the property sector and continuation of the Estate Agents Fidelity Fund as the Property Practitioners Fidelity Fund. It aims to protect consumers in the property industry and to strengthen the… Continue Reading

When can a landlord evict a tenant?

Under the lockdown provisions (contemplated by the Disaster Management Act) “A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.” Landlords may… Continue Reading

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

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