Real Estate Investor Magazine South Africa August 2013 | Page 8
INBOX
Evictions
Buy-to-let
Commercial Renting
Meyer de Waal
Oosthuizen & Co Meyer de Waal Attorneys
www.oostco.co.za
Adrian Goslett
RE/MAX
www.remax.co.za
Peter Collins
JHI
www.jhi.co.za
Q
Duarte Longuinho Asks:
After taking four years to get an eviction order
and executing it, the police ordered my body
guards out the house after the eviction and the
illegal occupiers were allowed back in, what do
I do?
A
Meyer de Waal Responds:
After having obtained an eviction order from the
court at great cost, in the event of the occupier(s)
not vacating the property as ordered, the court
may further issue a warrant of eviction, which
must be served by the sheriff of the court. This
must be done properly, failing which the whole
process may be frustrated. The process to be
followed is the following:
The owner delivers the warrant of eviction to the
sheriff, together with instructions to give effect
to the warrant. The sheriff, at his discretion, may
request assistance from the SAPS. When the
sheriff evicts the occupiers, the owner (or someone
trustworthy on his behalf) must immediately
occupy the premises, armed with his proof of
ownership and all the legal documents, of which
the eviction order and warrant of eviction are the
most important. Anyone (including any member
of the SAPS or any other government body) who
then attempts to deprive the owner of possession
must then be confronted with the documentation
and a refusal to vacate the property. The owner
must have the number of his attorney at hand, to
phone him/her should it prove necessary.
Q
Julia Barnard Asks:
When looking to buy a buy-to-let property,
what questions should I ask before signing the
offer to purchase?
A
Adrian Goslett Responds:
As with any investment, when purchasing
a rental property, it is important to take
your time and do your research to ensure
that the property you are buying suits your
requirements perfectly.
Look at the property’s location. This is one of
the most important factors to consider, along
with the type of property you are purchasing.
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