Residential versus Commercial Properties

Residential versus Commercial Properties

According to the Constitution neither a residential nor a commercial tenant may be evicted without a court order. In both cases, a court must be approached to obtain said order and only thereafter may the Sheriff be sent to execute a warrant of ejectment. Any eviction...
Spoliation: Deprivation of Possession

Spoliation: Deprivation of Possession

Spoliation is a situation where a person is deprived of possession, partial possession or co-possession of movable or immovable property. The possession referred to does not necessarily have to be legal possession. A re-occurring example of this deprivation we are...
Eviction Notice

Eviction Notice

The term “Eviction Notice” is very often used by our clients and the media. This term is often confusing and is very likely a result of American Law-based television shows. An Eviction Notice in the American Legal System is something that does not exist in South...
Eviction During the Process of Transfer

Eviction During the Process of Transfer

It is possible that an eviction application may have to be instituted during the process of transferring a property. We usually encounter this conundrum in two different instances: When a Property is bought and sold on a sale in execution; and In cases where a tenant...