The legal action "Mandament van Spolie"
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.
Written by Louwrens Koen
on Monday, 08 March 2010.
Posted in Property Transfer and Conveyancing South Africa
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..
Written by Louwrens Koen
on Sunday, 07 March 2010.
Posted in Property Law South Africa , Property Transfer and Conveyancing South Africa
