Squatters rights in South Africa

 

South Africa doesn’t have strict “squatter’s rights” in the traditional sense. However, the law does make evictions complex due to the importance placed on the right to housing. Here’s a breakdown:

 

• 📌 No Eviction Without Court Order: Landowners cannot remove occupants, even unlawful ones, without a court order. This protects the squatter’s right to due process.

 

• 📌 Balancing Rights: The law considers both the landowner’s right to their property and the squatter’s right to housing (especially if they have children or dependents). The court weighs these rights during eviction proceedings.

 

• 📌 Eviction Requirements: Landowners must go through a legal process to evict squatters, which can be lengthy. The court will consider if the eviction is just and equitable, meaning fair to both parties. The squatter’s circumstances, like length of stay and vulnerability, can influence the decision.

 

 

Here are some additional points to consider:

 

• ✅ Prevention of Illegal Eviction Act: This act makes it difficult for landlords to evict tenants who haven’t formally signed a lease agreement. It applies to both residential and, in some cases, commercial properties.

 

• ✅ Counter Spoliation: This is a legal remedy that allows someone to regain possession of property unlawfully taken from them. However, a recent court case limited its use against occupied structures.

 

If you’re facing a situation with squatters or potential eviction, it’s advisable to consult a legal professional who specializes in property law. They can advise you on your specific situation and the best course of action.