REJ - July 2021

Caravan Homes on Agricultural land: Important prerequisites – 20 July 2021

Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021)

Many people feel a little envious of others’ semi-permanent caravan homes, situated on a far-off piece of farmland away from city life, in respect of which they have somehow managed to secure a long term entitlement to use…

Offering alternative housing in hard cases not necessarily enough to get the eviction order – 22 July 2021

Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021)

The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to the occupier, who was 84 years old and had lived on the property since she was 11, an eviction order would not be just and equitable in these circumstances, even though she was an unlawful occupier (as this term is defined in the PIE Act)…

Property Law Update | Transfer and Bond Void: Chilling Thoughts – 2July 2021

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021)

To protect creditors, our law has very strict rules for such instances and, in a property trader context, may result in a declaration that a property sale and resulting registration of transfer and new bond, be declared void…