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The ambit of the discretion of courts in the case of encroachments : Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust Collective Investment Scheme in Property
(Juta Law, 2015-01)The purpose of this note is to analyse a recent judgment of the South Gauteng High Court in Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust Collective Investment Scheme in Property ... -
Applying the mandament van spolie in the case of incorporeals : two recent examples from case law
(Juta Law, 2015-01)The mandament van spolie is a remedy available in South African law to protect possession of property. The remedy is aimed at ensuring restoration of possession ante omnia in instances of unlawful dispossession. It is not ... -
Intangible constitutional property : a comparative analysis
(Juta and Company, 2017-12)This article investigates how the question of recognising intangible interests as constitutional property is approached in the constitutional property law regimes of Moldova, Germany, the European Court of Human Rights ... -
Submission to Parliament on the review of section 25 of the Constitution of the Republic of South Africa, 1996
(2019)On the 27th of February 2018, the National Assembly adopted a motion to review section 25 and other relevant provisions of the Constitution of the Republic of South Africa, 1996, to permit the state to expropriate land in ... -
The discretion of courts in encroachment disputes
(Juta, 2012)The main focus of this note is Phillips v South African National Parks Board (4035/07) [2010] ZAECGHC 27 (22 April 2010) SAFLII <http://www.saflii.org/za/cases/ZAECGHC/2010/27.html> (accessed 13-06-2012), which was a ...
