{"id":725,"date":"2019-03-04T08:33:15","date_gmt":"2019-03-04T06:33:15","guid":{"rendered":"https:\/\/www.matthewsenslin.com\/?p=725"},"modified":"2021-07-28T13:15:33","modified_gmt":"2021-07-28T11:15:33","slug":"property-buyers-beware-unlawful-occupiers","status":"publish","type":"post","link":"https:\/\/www.matthewsenslin.com\/property-buyers-beware-unlawful-occupiers\/","title":{"rendered":"Property Buyers: Beware Unlawful Occupiers"},"content":{"rendered":"

PROPERTY BUYERS: BEWARE UNLAWFUL OCCUPIERS!<\/strong><\/p>\n

\u201cThe time of maximum pessimism is the best time to buy, and the time of maximum optimism is the best time to sell\u201d (Sir John Templeton, billionaire investor)<\/strong><\/p>\n

You are it seems in good company if you view times of depressed property prices and general uncertainty as a great buying opportunity.<\/p>\n

Just be aware that if it is a house you are after, whether as an investment or to live in, you should do your homework if the property is (or might be) occupied. Generally speaking, buying a property with occupiers is fine if you know about them and have a binding deal in place with them (see the end of this article for more on that).<\/p>\n

But, as a recent High Court decision illustrates, if you aren\u2019t aware of occupiers and\/or don\u2019t have a proper agreement in place with them, you could find yourself unable to evict them even if you buy the property \u201cfree of lease\u201d.\u00a0<\/strong>
\n<\/strong>
\nBefore we discuss the case itself, it is important to know that to get an eviction order from a court, you need to prove in terms of PIE (the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act) both \u2013<\/p>\n

    \n
  1. That the occupants are \u201cunlawful occupiers\u201d and<\/li>\n
  2. That it is \u201cjust and equitable\u201d to grant such an order after considering all the relevant circumstances.<\/li>\n<\/ol>\n

    The Bo-Kaap flat, the sale in execution, and the occupiers<\/strong><\/em><\/p>\n