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Claiming Ownership Through Acquisitive Prescription

08 November 2024,  Sinazo Mau-Mau

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer... of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through acquisitive prescription, with a focus on the Prescription Act 18 of 1943 and the Prescription Act 68 of 1969.

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435
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 2

03 September 2024,  Lizanne Maritz

Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The issue in the appeal is firstly, the statuses of the parties, consequently, whether the body corporate's reliance on the statutory embargo is susceptible to challenge and secondly, the High Court’s order, which irrespective of the interpretation given to the embargo provision, cannot stand.

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670
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

05 July 2024,  Lizanne Maritz

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. 

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1218
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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1051
Article
The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 2

03 May 2024,  Marilie Beukes

When considering the subdivision of agricultural land or dealing with inherited farmland that may be subject to disputes, there are... several important factors to keep in mind. The Subdivision of Agricultural Land Act No. 70 of 1970 regulates the subdivision of agricultural land and elaborates on various aspects within the Act. This includes definitions relevant to the operation, actions that are excluded and prohibited by the Act, and rules governing the succession of subdivided agricultural land.

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692
Article
How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected a Recent Property Dispute Case

03 May 2024,  Lizanne Maritz

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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544
Article

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