Property Litigation
Sometimes property transactions and property arrangements do not proceed as planned.
Even where the parties begin with the best intentions, disputes can arise from unclear agreements, non-payment, defective performance, occupation issues, boundary problems, servitudes, delays in transfer, or disagreements about the respective rights and obligations of the parties. When these disputes cannot be resolved amicably, they may result in litigation.
We assist clients with property-related disputes and litigation. Our approach is practical and focused: we identify the legal issue, consider the relevant documents and facts, advise on the available remedies, and assist clients in taking the appropriate steps to protect their rights.
Property litigation may involve court proceedings, urgent applications, claims for specific performance, cancellation of agreements, interdicts, eviction proceedings, declaratory orders, damages claims, or negotiations aimed at resolving the dispute before further costs are incurred.
We assist clients with disputes relating to, among others:
Disputes arising from agreements of sale
Disputes may arise where a purchaser or seller fails to comply with the terms of an agreement of sale, including non-payment of the purchase price, failure to provide guarantees, refusal to sign transfer documents, or disputes regarding suspensive conditions.
Cancellation of agreements of sale
Where one party is in breach, it may become necessary to determine whether the agreement can lawfully be cancelled and what the consequences of cancellation will be.
Instalment sale agreements in respect of land
Instalment sale agreements involving immovable property can be complex and are subject to specific legal requirements. Disputes may arise regarding payment defaults, cancellation, registration, occupation, transfer, or the rights of the purchaser and seller under the agreement.
Termination of joint ownership
Co-owners of immovable property do not always agree on how the property should be used, maintained, sold, or divided. Where joint ownership can no longer continue, it may be necessary to approach a court for appropriate relief, including the sale or division of the property.
Occupation and eviction disputes
Disputes often arise where a purchaser, seller, tenant, former owner, family member, or other occupier remains in occupation of property without the necessary legal right to do so. These matters require careful consideration of the applicable eviction legislation and procedure.
Occupational rental disputes
Where a party occupies property before or after transfer, disputes may arise regarding occupational rental, the amount payable, the date from which it is payable, and liability for municipal services or other charges.
Latent defects and non-disclosure
Property disputes frequently arise where defects are discovered after signature or after transfer. These may include structural defects, damp, roof problems, illegal structures, electrical or plumbing issues, or other defects which were not properly disclosed.
Servitude disputes
Disputes may arise regarding rights of way, access roads, pipelines, water rights, electrical services, shared driveways, or other servitudes registered against or exercised over immovable property.
Boundary and encroachment disputes
Property owners may become involved in disputes regarding boundary lines, walls, fences, building encroachments, access points, or the unlawful use of neighbouring land.
Sectional title disputes
Sectional title matters may involve disputes with bodies corporate, trustees, managing agents, other owners or occupiers, including disputes regarding levies, exclusive use areas, parking bays, alterations, rules, nuisance, or the use of common property.
Transfer delays and conveyancing disputes
Delays in the transfer process may result in significant prejudice. Disputes may arise from failure to obtain bond approval, delays in providing guarantees, unresolved municipal issues, outstanding compliance certificates, or failure by a party to sign required documents.
Disputes relating to estate property
Immovable property forming part of a deceased estate can give rise to disputes between heirs, executors, purchasers, occupants, creditors or family members, particularly where there is disagreement regarding sale, transfer, occupation or distribution.
Interdicts and urgent property-related relief
In certain circumstances, urgent court intervention may be required to prevent unlawful construction, interference with access, disconnection of services, damage to property, unlawful occupation, or other immediate harm.
A Practical Litigation Approach
Property litigation should not be approached mechanically. Each matter must be assessed with reference to the underlying agreement, the title deed, correspondence between the parties, applicable legislation, municipal requirements, and the practical outcome the client wishes to achieve.
In some matters, litigation may be unavoidable. In others, early legal intervention, proper correspondence, negotiation, or a carefully drafted settlement agreement may resolve the dispute without the need for a prolonged court process. Our firm assists clients in evaluating these options and choosing the most appropriate course of action.
Protecting Your Property Rights
Immovable property is often one of the most valuable assets a person or business owns. When a dispute arises, it is important to obtain legal advice at an early stage, before positions harden, deadlines are missed, or avoidable prejudice is suffered.