Browsing: Property Law

Consumers have been warned to exercise caution in property-related transactions as a regulatory investigation highlights the risks of dealing with unverified practitioners and making payments without proper due diligence.

Routine decisions by community scheme trustees and homeowners’ association directors are increasingly being declared unlawful by South Africa’s courts, exposing schemes to serious financial risk and personal liability. Legal scrutiny has intensified to the point where ignorance of governance law is no longer a defence, with preventative governance now emerging as essential risk management rather than optional compliance.

Publication of land in the Government Gazette as a claimed land has serious consequences for the owner. He can no longer deal with the claimed land as he pleases and without the consent of the Regional Land Claims Commissioner. Claiming someone’s land as your is a serious matter and the claim must strictly comply with the requirements of the Act.

Municipalities across South Africa are escalating inspections and imposing penalty rates for illegal property use, catching many homeowners off guard as financial pressures intensify.

Judge R Mossop granted an eviction under the PIE Act but emphasised compassion, ordering relocation support for elderly parents forced to leave their son’s home.

The SCA confirmed Riverside Lodge owners are Waterford Estate members liable for levies, upheld Ombud powers, and remitted disputed levy calculations for fresh adjudication.

If you are removed from your home without a court order in South Africa, the mandament van spolie allows you to have possession restored quickly, regardless of ownership disputes or hardship.

Gauteng High Court rules sectional title owners must accept all settlement conditions. Johlene Wasserman explains why this strengthens fairness and dispute resolution in community schemes.

Breakaway leaders of the Mogwase congregation have lost their bid to occupy Uniting Reformed Church property after failing to follow proper church procedures, the North West High Court rules.

Farm owners and occupiers must engage before any construction takes place. The Land Claims Court ruled that building on a farm without the owner’s permission can lead to legal consequences, even for long-term ESTA occupiers.