Property Law

A Legal Counsellor can assist by sending a letter of demand (notice to vacate) to an unlawful occupier of immovable property. If the occupier/s do not move out by the date stipulated in the letter, a Member can be referred to a Lawyer to assist with an eviction application, provided the Relevant Events arose after the waiting period, whilst the Membership was fully paid up. If it relates to the Member's permanent place of residence, the event must have taken place in the RSA.

• The right to own property is protected by section 25 of the Constitution that provides that no one may be deprived of property except in terms of a law of general application. It further provides that property can be expropriated subject to compensation if it is in the public interest to do so.
• Apart from this right to own property, a person also has a right to the use and enjoyment of the property.
• These rights are sometimes subject to limitations set out in legislation and common law. For example, if you live on a farm and your neighbour needs to pass through your land to get to their land, the use of your property can be limited by registering a “right of way” on the title deed. This right of way allows your neighbour to use part of your property to access their own property.
• Another example would be in townhouse complexes or apartment buildings. Body corporate rules limit these rights by not allowing pets, or not allowing noise after a certain time of day and so on.

Every property, irrespective of where it is situated and whether it is rural or urban, is covered. However, the property in question should be the Member's permanent Place of Residence.

Our Platinum Membership option offers a 60% discount on the transfer fees only and is limited to the services of our preferred Conveyancer.