Law of property south africa

The Municipality, in turn, appealed to the Constitutional Court, which held that there is no unqualified constitutional duty on local government to provide alternative housing in terms of PIE.

Land & Title

Conflicts grew over the later half of the 19th century, as the rich mineral wealth of South Africa became evident. All sources of South African law, however, are now subordinate to and must be viewed and interpreted in light of the Constitution.

Section 25 2 and 3 states how property can be regulated and expropriated, with limited compensation from people who were dispossessed after by racial discrimination. The claimant must prove the following essential elements in order to be successful in bringing the action: As a limitation on the action, estoppel blocks its vindicatory function.

It states somewhat evasively that nobody may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

ZUG1011 – Law of property

The court granted the eviction but ordered that alternative accommodation be provided to the occupiers. As the British slowly assumed control from toand was pronounced the owner of the Cape Colony at the Congress of Vienna in There are four main defences: The procedures for eviction which must, again, be just and equitable are set out in sections 7 and The issue, then, was whether private landowners are obliged to provide alternative accommodation to unlawful occupiers in terms of PIE, [78] or whether the burden should fall on the city.

Until the Constitution was passed inSouth African property law was most heavily influenced by the reception of English property law and principles of civil law theory.

They resisted, claiming protection under PIE and alleging that they were entitled to continue their occupation until the City of Johannesburg Metropolitan Municipality provided alternative accommodation.

Although South Africa still recognises an old system of year leasehold, the main real right in land is that of ownership, similar to the UK system of freehold title, and most land in South Africa is privately held by outright ownership. The owner need not aver that the defendant is in unlawful control of his property.

The City disputed this duty; the respondents argued that its policy was arbitrary and discriminatory. Good faith may not be used as a defence against the rei vindicatio. The remedy entitles him to "exclusive possession.

Under the old colonial system, 87 per cent of South African land was owned by around 60, white farmers or by the state. The separate ownership of buildings or parts of buildings in a development is recognised by the Sectional Titles Act, The Constitution holds that no-one may be evicted from his home without a court order.

The property in question is no longer identifiable or does not exist; it has, for instance, been destroyed. With the actio negatoria, the owner may demand the removal of any structures that have been unlawfully placed on the land that is, without his consent.

There are several requirements: The goal was to transfer a third of white-owned farmland over five years. The High Court granted the order, but on appeal to the Supreme Court of Appeals the order was quashed.

This extreme measure was allowed only if black South Africans could demonstrate that the land was once theirs and was unfairly seized; and the existing owner had to be fully compensated. The claimant, Irene Grootboom, had been living temporarily in a shack on land that was being repossessed for redevelopment.

The court ordered compensatory relief to Blue Moonlight Properties and found that the City was in breach of its constitutional duty to provide adequate housing on a progressive basis. Three delictual remedies are relevant to the law of property: There are two real remedies used to protect the right of ownership: They may be divided into three distinct categories: Mostly estoppel is deployed in respect of movable property, [40] [41] [42] but it may also be used for immovable property.

If it has been less than six months, an eviction order will be made only if it is "just and equitable" to do so, "after considering all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.

In Port Elizabeth Municipality v Various Occupiers, the municipality sought an eviction order against unlawful occupiers of municipal land, at the behest of adjacent land owners. SAlist property constitution cases The traditional sources of the law of property in South Africa are common law, precedent and legislation.

These cases illustrate the changing nature of customary property relations under the new constitution. They give the owner the power to exclude others from access to and enjoyment of his property. Descendants of the Dutch moved away into the interior to establish their own colonies, the Orange Free State and Transvaal Republictaking land from native people.

The person who raises the estoppel must have acted on that misrepresentation [46] [47] and suffered harm or loss as a result.

By there had been approximately 17, statutory measures implemented to regulate land control and racial diversity. From this point, the apartheid system was built up through legislation. Delictual remedies are appropriate where physical restoration of the property is impossible: The Reservation of Separate Amenities Act stated that separate toilets, parks and beaches were allocated.The right to property is enshrined under section 25 of the Constitution of the Republic of South Africa Act, It states (somewhat evasively) that nobody may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Designed to reflect the content of an undergraduate LLB course, the book provides thorough and informative coverage of all the important topics within the subject, including recent key.

South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law.

property in South African property law, and apply the general principles of these forms to factual scenarios; and • identify which remedies might be. News & analyses from South Africa’s top property lawyers and conveyancers concerning property legislation and case law, encompassing property rights, leases, sectional titles and the overall rights and duties of property owners, lessors and lessees.

The principles of the law of property in South Africa Badenhorst, Pieter, Freedman, Warren, Pienaar, Juanita and Van Wyk, JeannieThe principles of the law of property in South by Mostert, Hanri and Pope, Anne, Oxford University Press, Cape Town, South Africa.

Law of property south africa
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