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Filter: Property law
Navigating Your Property Rights Under South Africa’s Expropriation Law

04 March 2026,  Gerhard Smit

If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a... piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of "nil compensation", it is important to look beyond the headlines. When viewed through a legal lens, the new framework provides a structured, transparent roadmap for protecting your investments and ensuring fairness.

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342
Article
Subdivision and Consolidation of Land

16 April 2025,  Meerushini Govender

Do you have a big piece of land that is becoming expensive and labour-intensive to maintain? Or perhaps you have... two adjacent properties you'd like to combine into a larger erf? Subdividing or consolidating could be the ideal solution for you.

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1958
Article
Property Ownership Transfer and the Abstract Theory

07 February 2025

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by... whether the original transaction is valid.

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1063
Article
Is There a Need for Sectional Ownership?

03 June 2024,  Grant Hill

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional... ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society.

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2403
Article
How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected a Recent Property Dispute Case

03 May 2024

In essence, the phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According... to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period that, when combined with the possession periods of their predecessors in title, totals 30 uninterrupted years.

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4780
Article
Mandament van spolie: What is it and what are the requirements?

03 March 2021

No person may take the law into their own hands. This well-established principle in South African law also applies to... circumstances where an aggrieved party attempts to regain possession of goods which were stolen from him or her, or in circumstances where an aggrieved landlord wants to cut off the electricity or access to a leased property when the tenant is in arrears. The dispossessed party can in such circumstances obtain relief by way of the mandament van spolie since the aggrieved party has taken the law into his or her own hands.

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26653
Article

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