Browsing by Author "Maass, S."

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    The enforceability of tenants rights (part 1)
    (Juta Law, 2012-01) Van Der Walt, A. J.; Maass, S.
    The purpose of the article is ultimately to align our current understanding of the nature of tenants' rights, according to basic common-law property principles, with their nature and role in the new constitutional dispensation. We consider this a worthwhile exercise in view of the question, emerging from constitutional law rather than property law or landlord-tenant law, whether the holders of short-term and unregistered long-term residential tenancies should enjoy the benefits of section 25(6) of the 1996 constitution. Section 25(6) provides that a person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an act of parliament, either to tenure which is legally secure or to comparable redress. If this provision applies to holders of short-term residential tenancies, tenants whose current position is particularly vulnerable because of past racial discrimination might be able to challenge current landlord-tenant legislation for being inadequate in view of the constitutional provision.
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    The enforceability of tenants rights (part 2)
    (Juta Law, 2012-01) Van der Walt, A. J.; Maass, S.
    In terms of the doctrine of notice the holder of an unregistered real right is protected to the extent that the right can be enforced against outside parties on the basis of their prior knowledge of it. The doctrine originates from the principle that "nobody may derive a benefit or advantage from his own bad faith". According to the doctrine, if the acquirer of a real right had knowledge of the existence of a prior personal right that would establish a competing real right upon registration, the acquirer of the first-mentioned real right must give effect to the prior personal right that would give rise to the acquisition of the latter real right.