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Filter: Property law
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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726
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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351
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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12859
Article
A Developer's obligations to existing lessees when establishing a sectional title scheme

09 March 2020,  Grant Hill

Does the Sectional Titles Act 95 of 1986 give effect to the principle of "Huur gaat voor koop" and afford... protection to lessees of flats in a proposed sectional title scheme? The Act imposes certain obligations on a developer that supports the principle and to a large degree affords statutory protection to lessees. This article highlights the obligations, namely the one of notice and the one of a statutory-created right of pre-emption in favour of a lessee.

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