Beware: Ownership does not necessarily make you the “King of the Castle”

Beware: Ownership does not necessarily make you the “King of the Castle”

On the 26 November 2015, the Supreme Court of Appeal (SCA) delivered judgment in the case of A Hendricks v M Hendricks & others 2015 ZASCA 165 [PDF] holding that an owner who occupies property without the consent of the holder of a right of habitation in respect of that property is an unlawful occupier under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act) and may be evicted from the property under certain circumstances. The matter came before the SCA after two appeals from the Somerset West Magistrate’s Court and the Western Cape High…
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