South Africa · 4th Year · Property Law
Ownership, Possession & Eviction
Real rights and constitutional protection.
Space flip · ← → navigate · S save
Show all 5 questions and answers in this book
1.What must an owner prove to succeed with the rei vindicatio?
Ownership of the thing, that the defendant was in possession when the action was instituted, and that the thing still exists and is identifiable.
Chetty v Naidoo 1974 (3) SA 13 (A)
2.What is the mandament van spolie?
A remedy restoring possession to a person who was unlawfully deprived of it, without considering the merits of the right to possess.
Common law
3.Which section of the Constitution protects property?
Section 25.
Constitution, s 25
4.Which Act regulates eviction of unlawful occupiers?
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE).
Act 19 of 1998
5.Port Elizabeth Municipality v Various Occupiers 2005 — held?
Under PIE and s 26(3), courts must consider whether eviction is just and equitable, including whether alternative accommodation is available and whether mediation was attempted.
2005 (1) SA 217 (CC)