CAN HOLDER OF HABITATIO EVICT OWNER FROM PROPERTY?
A Hendricks v M Hendricks & Others (20519/14)  ZASCA 165 (25 November 2015)
The judgment tells the story of a bitter family feud that resulted in a mother, holder of the right of habitatio over a property, seeking the eviction of her son and ex daughter-in-law from that property, despite the latter being the registered owners. What the court had to decide here was whether this was possible in our law.
REVERSED PROPERTY DEVELOPMENT PLANS
Nelson Mandela Bay Metropolitan Municipality v Georgiou t/a Georgiou Guesthouse and Spa and Others (1663/2015)  ZAECPEHC 59
(20 October 2015)
This is one of many judgments reported this year where owners and municipalities were taken to court for either flaunting land development laws or incorrectly applying them. Here the municipality sought to undo a decision of its executive mayor in approving a rezoning subject to certain conditions, despite the restrictive title deed conditions on the erven prohibiting the changes. The approval was successfully set aside as the condition imposed was not within the ambit of conditions that could be made when a re-zoning was approved.