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Author: Lowesa Antoinette Stuurman
Publisher:
ISBN:
Category :
Languages : en
Pages : 202
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Book Description
Author: Lowesa Antoinette Stuurman
Publisher:
ISBN:
Category :
Languages : en
Pages : 202
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Book Description
Author: South Africa
Publisher:
ISBN: 9781869111465
Category : Eviction
Languages : en
Pages :
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Author: South Africa. Parliament (1994- ). National Assembly
Publisher:
ISBN: 9781770371651
Category : Bills, Legislative
Languages : en
Pages : 10
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Book Description
Author: Laetitia Oliphant
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages : 228
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Book Description
This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. South Africa's history of denial of land rights by dispossession and forced removals made the regulation of evictions imperative. Before this, black people had no recource when they were forced off land that they occupied, or even owned, for decades. The purpose of the Act is "to provide for the prohibition of unlawful eviction; to provide for procedures for the eviction of unlawful occuiers; and to repeal the Prevention of Illegal Squatting Act 52 of 1951."
Author: Brink Botha
Publisher:
ISBN:
Category : Eviction
Languages : en
Pages :
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Author: South Africa
Publisher:
ISBN: 9781485106531
Category : Landlord and tenant
Languages : en
Pages : 126
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Book Description
Author: Rishongile Corrinne Lynn Nkwinika
Publisher:
ISBN:
Category : Anti-racism
Languages : en
Pages : 104
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Book Description
Author: Sharifah Zubaidah Abdul Kader
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Eviction is the act of recovering possession of land that is under the unlawful possession of another. In order to understand the situations under which eviction occurs, it is useful for one to examine when a person is taken to be in unlawful occupation of land and the position under the law relating to such persons. The consequential remedy for one whose land has been trespassed is to sue for damages under the law of tort. Nonetheless, the more exacting remedy is to dispossess the trespasser and recover possession of the land and one of the swiftest ways to do this is by way of forced eviction. But gone are the days of feudal landlords forcefully storming into a village and burning down houses in exercise of the landlord's power to evict. Most countries in the world today have begun to restrict and in some cases, have rendered such self-help remedy as illegal for being inconsistent with human rights. One may enter into a discourse on eviction under four principal branches of law, under trespass to person and property under the law of torts, civil procedure, land law and humanitarian law. The discussion in this paper focuses largely on the land law aspects with some reference to humanitarian law with the aim of suggesting law reform. Occupiers of land or buildings may be lawful occupiers or unlawful occupiers. This paper focuses on the latter. Such occupiers are either on state land or on private land and are often termed as 'squatters' by the authorities and the media. Malaysia has been grappling with the squatter issue in the face of increasing urbanization since the 1980s. The law in Malaysia is clear: squatters have no rights either in law or in equity, a statement supported by section 48 and 425 of the National Land Code 1965 as well as the Federal Court in Sidek and Ors v Government of the State of Perak [1982] 1 MLJ 313. Nonetheless, several cases have come before the courts where 'squatters' have managed to prove that they have 'triable issues' and should not therefore be summarily dispossessed from the land/ building. Malaysia has been implementing the Emergency (Clearance of Squatters) Regulations 1969 that legalizes forced eviction of squatters by the local authorities. This paper analyses judicial responses to unlawful occupation of land, the application for an order of possession as well as enforcement of forced eviction under the law and concludes on the need for better consolidation and revision of the laws and policies dealing with eviction and the squatter problem in Malaysia.
Author: A J van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Category : Law
Languages : en
Pages : 302
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Book Description
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Author: Alison Clarke
Publisher: Cambridge University Press
ISBN: 1107090539
Category : Law
Languages : en
Pages : 751
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Book Description
A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.
