PROPERTY DISPUTE RESOLUTION LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Property Disputes In South Africa
WHAT IS A PROPERTY DISPUTE IN SOUTH AFRICA?
Property disputes are defined as legal disputes that arise through real estate. It involves a broad spectrum of possible disputes over a wide range of property. Properties involved in a dispute can be anything from a piece of land to a residential home, commercial or industrial property, a driveway, a park, or any other property element.
Property disputes generally involve any individual interested in the property in question. Property owners are often central to property disputes but can also include neighbours, landlords and tenants; Homeowner Associations (HOAs); trespassers; family members; builders and developers; Government; or Municipalities.
SPECIALIST PROPERTY DISPUTE LAWYERS – OUR PROPERTY DISPUTE RESOLUTION SERVICES
PM Attorneys’ property litigation team and property dispute resolution lawyers in Pretoria have extensive knowledge and experience in a wide variety of property law disputes and litigation involving residential, commercial and industrial property, which includes, among other things:
Community Schemes Ombud Service (CSOS) Disputes
It was established in the Community Schemes Service Act 9 of 2011 to regulate parties’ conduct within community schemes and ensure their good governance. Community Schemes are defined in the CSOS Act as “living arrangements where there is shared use of and responsibility for land/buildings such as sectional title, homeowners’ associations, retirement housing schemes, share block companies and housing cooperatives”.
Default Notices
Defaults are listed for accounts overdue by 90 days or more. There are two defaults: an enforcement default when handed over for repossession of goods and a subjective default that classifies a consumer as a bad payer.
Evictions
The first step in the eviction process is to notify the unlawful occupants of the property owner’s intention to have them evicted. An application is brought before the Court to have an eviction application served on the occupants stating the owners’ purpose to evict the occupants. A tenant can choose to oppose the eviction, ignore it or move out.
Letters of Demand
A Letter of Demand calls for a tenant to pay an outstanding amount of rent owed—failing which, further action is taken.
Residential & Commercial Property Disputes
Many disputes arise when the relevant law is not considered and applied when dealing with lease agreements, especially withholding deposits, property damage, inspections, breach of contract, cancellations, etc. We assist in making sure your lease agreement is compliant with the relevant law and that your respective rights are protected.
Municipal Disputes
There is no definition of ‘dispute’ in the Systems Act governing the relationship between municipalities and customers. However, section 102(2) indicates that such a ‘dispute’ must be “concerning any specific amount claimed”.
Property Law Litigation
We litigate in CSOS, Magistrates Court, High Court, and Supreme Court of Appeal.
Spoliation Applications
Also known as a “true possessory remedy”, to restore movable, immovable, corporeal and incorporeal property possessed unlawfully to its lawful owner.
Rental Disputes
We make formal complaints at the Rental Housing Tribunal. The Rental Housing Tribunal is an independent body that resolves disputes about unfair practices between landlords and tenants.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal resolutions to your property-related disputes.
