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The availability of the mandament van spolie when upon the subdivision of a farm into two portions and the alienation of these portions to different owners, an existing exit road is replaced : Van Rhyn NNO v Fleurbaix Farm (Pty) Ltd 2013 5 SA 521 (WCC)

Van der Merwe, C. G. (Juta Law, 2014-01)

This case concerns the availability of the mandament van spolie in a particular scenario. The context is the subdivision of a plot of land. After the subdivision the owner of one of the subdivided portions closed off a ...
Does method really matter? Reconsidering the role of common-law remedies in the eviction paradigm

Boggenpoel, Z. T. (Juta Law Publishing, 2014-01)

The new constitutional dispensation brought with it (inevitably) large scale deviations in the way remedies in the context of evictions are applied in modern South African law. This article examines how the sources of law ...