Real Estate Investor Magazine South Africa March/April 2019 | Page 8
Q&A
Property Advice
Help! I can’t get an
eviction order.
Cilna Steyn, Managing Direc-
tor at SSLR property experts,
answers this week’s property
question.
QUESTION: ANSWER:
I bought a property at a sheriff auction eight months
ago. The bank foreclosed on the previous owner, the
owner is still living on the property and refuses to
move out. I was told by my attorneys that we cannot
start eviction because the previous owner is back
in court with the bank, they claim that the sale was
done illegally. This surely can’t be right, I have paid
the full deposit and I am paying the rates and taxes
and even worse I am paying the water and electric-
ity bill! Apparently, I am not allowed to disconnect
this. I cannot cancel the transaction or take transfer
until the court case between the previous owner and
bank is resolved. Please help. This is unfortunately not a unique situation, I deal with
this problem very often. You can find yourself in a sim-
ilar situation stemming from various forms of sale, the
most common of these are sheriff auctions, insolvency
sales and sales from deceased estates. These types of
sales may cause unwanted problems with occupation
and eviction. To successfully obtain an eviction order
the party asking the court to grant an order to evict
another person, must show that she is the owner of the
property and secondly that the person in occupation of
the property is in fact, in illegal occupation.
ASK THE
EXPERTS
6
Where there is any doubt about the validity or legality
of the sale, the first thing you must prove to obtain an
eviction order is unclear and a court will not be satisfied
If you have a property question, send it to us at [email protected] or post it
on our facebook page.
MARCH/APRIL 2019 SA Real Estate Investor Magazine