Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

SACE ordered to reveal educator vetting and unresolved sexual violence cases

August 12, 2026

Consumers losing cellphone insurance claims due to SIM card and policy errors

August 12, 2026

Full Court overturns removal of Kempton Park Chief Magistrate Judith van Schalkwyk

August 12, 2026
Facebook X (Twitter) Instagram
Trending
  • SACE ordered to reveal educator vetting and unresolved sexual violence cases
  • Consumers losing cellphone insurance claims due to SIM card and policy errors
  • Full Court overturns removal of Kempton Park Chief Magistrate Judith van Schalkwyk
  • Attempt to claim church property held in Bushiri-linked liquidation estate dismissed
  • When local government fails, the emergency becomes permanent
  • Home Affairs blocked from deporting Somali asylum seeker until refugee process is completed
  • Government proposes R100 million fines and 30-year prison terms in illegal mining crackdown
  • Can a housing estate legally scan your driving licence in South Africa?
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Protection order among the consequences of trespassing in an ‘Exclusive Use Area’
Ask The Expert

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

Ashwini SinghBy Ashwini SinghDecember 31, 20244 Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
The Midstream Estate in Centurion, Gauteng. Picture: Facebook
Share
Facebook Twitter LinkedIn Pinterest Email

With many South Africans opting to reside within community schemes for the purposes of safety, one of the most popular types of residential schemes are sectional title developments. Stemming from these complexes is a recurring dispute: Exclusive Use Areas (better known as “EUAs”).

An Exclusive Use Area is as the name denotes – an area by which an owner holds the exclusive right to use and enjoy, to the exclusion of the other members of the scheme. EUAs can come in the form of garden areas, courtyards, parking bays, and more. The only requirement for an EUA right to be enforceable is that the EUA must be duly registered in the Deeds Office.

Notwithstanding the fact that an EUA is a legally recognised right, other members of a sectional title scheme may find themselves in trouble for trespassing in another owner’s EUA. If the trespassing is persistent, the aggrieved owner can hold the body corporate of the scheme liable.

Alternatively, the affected owner can pursue legal action against the trespasser, which can include: an Interim Protection Order to refrain from trespassing; interdictory relief from the High Court regarding the trespassing and; an order from the Community Schemes Ombud Service for the trespasser to refrain from such conduct.

It goes to show that EUAs are not a playing matter as the boundaries of each EUA in a scheme must be respected by all members of the scheme, otherwise offenders will find themselves facing a mountain of litigation and court orders.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Ashwini Singh

Singh is a law academic and affiliate of the Association of Certified Fraud Examiners, South Africa.

Related Posts

When local government fails, the emergency becomes permanent

August 11, 2026

In the world of myths, the ‘township economy’ is certainly one of them

August 10, 2026

Women’s Month must move beyond praising women for surviving unequal systems

August 9, 2026

4 Comments

  1. Patricia Sidley on January 10, 2025 1:36 pm

    I have had reason recently to look at the law as it might apply to a tenant who ha rented a property which has an exclusive use area. Specifically in my instance it related to who is responsible for the upkeep of the small garden which was the exclusive use area. There seems to be a number of bits of law that can be used for this. I read through most. What I found was disappointing. Unless one has the gazette notices which apply and know how to read the law , one would have to find an expert conversant with many areas of law. Without that the opinions are a free for all. There does not seem to be much which one is compelled to take into account. And many different views from law firms. I do not have a dispute as yet. But it may become one soon.

    Reply
    • Ashwini Singh on January 10, 2025 11:29 pm

      It depends on the scheme’s registered rules relating to that EUA. If there is a registered rule obligating the owner/occupier to maintain their allocated EUA, then they are responsible. However, if the registered rules state that the body corporate will maintain the EUA, then it would be their responsibility.

      Reply
  2. James Nkosi on January 15, 2025 5:44 pm

    My neighbours keep parking like ten vehicles on the common property in my complex. It is annoying because I get parked in and cannot leave my unit because the common property gets blocked. I complained to the trustees but they do not want to do a thing because they are friends. What can I do?

    Reply
  3. Ashwini Singh on January 15, 2025 6:32 pm

    If your neighbour is obstructing the CP and preventing you from accessing/leaving your unit, then that is a breach of the STSM Regulations PCRs. If this is a regular issue, the cost-effective method of resolving it is to issue a written notice your trustees instructing them to take action and prohibit the obstructive behaviour of your neighbour on CP. If the trustees fail to take action, you can take a CSOS case against your neighbour prohibiting them from obstructing the CP in relation to your access to/from unit, to which it is important to present the evidence of these obstructions for the adjudicator’s consideration. The other route that can be taken is to engage an attorney to send a letter of demand to the trustees, with the prospect of seeking an interdict against the neighbour – bearing in mind that this method is more costly and would require further consultation with a legal practitioner.

    Reply
Leave A Reply Cancel Reply

Prove your humanity: 6   +   4   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Regulatory Law
4 Mins Read

SACE ordered to reveal educator vetting and unresolved sexual violence cases

By Kennedy MudzuliAugust 12, 20264 Mins Read

SACE must report to the High Court within six months on educator vetting, unresolved sexual violence cases and ongoing compliance.

Consumers losing cellphone insurance claims due to SIM card and policy errors

August 12, 2026

Full Court overturns removal of Kempton Park Chief Magistrate Judith van Schalkwyk

August 12, 2026

Attempt to claim church property held in Bushiri-linked liquidation estate dismissed

August 12, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Romance scam money ultimately cost Standard Bank forensic investigator her job

August 6, 2026

Can a housing estate legally scan your driving licence in South Africa?

Sponsor: My Estate LifeAugust 11, 2026

Wits student wins leave to appeal refusal to renew 2026 registration

June 5, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by