Articles in Category: Property Transfer and Conveyancing South Africa

Property Transfer and Conveyancing South Africa


Can Landlord Lock gates if Tennant does not pay?

The legal action "Mandament van Spolie"

Can Landlord Lock gates if Tennant does not pay?

Most property practitioners know the legal maxim that one may not take the law into one’s own hands. But how does this work practically? If a tenant breaches the provisions of the lease and a subsequent acknowledgment of debt, can the landlord lock the gate giving access to the premises as the tenant’s occupation was illegal? The judgment explains how the mandament van spolie, the action supporting the maxim, works in such a scenario.

Before signature of an Offer to Purchase the purchaser should verify the following:

Never be pressurised into signing a contract.

  • Zoning and allowed usage of the property.
  • Valuation of the property.
  • Restrictive or onerous conditions on the property.
  • Lease agreements, duration and current rental income of the lease if applicable.
  • A lease will have preference over the sale of the property.
  • Current Levies, Special Levies, Taxes, Municipal Rates.
  • Costs of acquiring and transferring the property.

Never be pressurized into signing an offer to purchase. Contact Louwrens Koen Attorneys to assist with finalisation of the contract, due diligence or friendly professional advice. Tel  0870010733 or This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Before signature of an Offer to Purchase the purchaser should verify the following: