PROPERTY SELLER LIABLE TO PROVIDE OCCUPANCY CERTIFICATE?
Werner and Another v Barnard N.O. and Others (8903/2021P) [2023] ZAKZPHC 32 (17 March 2023)
This judgment raises the question whether a seller who undertook to give vacant occupation to a purchaser of a property, thereby becomes liable to provide occupation in respect of premises for which an occupancy certificate had been issued. It appears not, unless there was a specific provision to that effect in the agreement. The summary below explains the reasoning.
The Judgment
Summary of the Judgment
PRESCRIPTION CLAIM THWARTED IF POSSESSOR USED WATER AND ELECTRICITY ON THE PROPERTY ILLEGALLY?
Gianchandi v Registrar of Deeds, Pietermaritzburg and Others (D3519/2021) [2023] ZAKZDHC 10 (14 March 2023)
An interesting question arose in this matter. Mrs G had exercised ownership rights in respect of a property for over 30 years and sought an order confirming that she had acquired ownership by virtue of acquisitive prescription. One of the arguments raised in defence by the registered owner of the land in question was that the possessor had illegally connected water and electricity to the property, which conduct was not what a possessor exercising rights “as owner” would do. In the circumstances of this matter, the court explained that such illegality did not taint the claim made by the possessor.
