INVESTOR INTELLIGENCE
Are unlawful occupiers protected by law ?
A problem arises when trespassers are considered “ unlawful occupiers ” of property , as they will be afforded legislative protection under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ( referred to as the “ PIE Act ”).
An “ unlawful occupier ” is defined as any person who occupies land without the express or tacit consent of the owner or person in charge , or without any legal right to occupy such land . This effectively means that if any person or persons are deemed to occupy your property , even unlawfully , they will be afforded the protection under the PIE Act , which will require an owner to apply for a court order to formally evict unlawful occupiers from their property .
Residential hijacking syndicates often place their own occupants into properties and receive rental income whilst you are left with the administrative burden to reclaim full ownership and enjoyment of your property . Once trespassers are deemed “ unlawful occupiers ” as per the PIE Act , the owner is in most instances burdened with a lengthy and costly legal process to affect an eviction .
Once an eviction order is obtained , it will usually instruct the sheriff to proceed with the eviction and appoint any other roleplayers such as the police and / or private security to assist with the eviction . It is important to note that any costs , including that of contracting private security to assist with the eviction , will be borne by the owner of the property . Although the court order can provide that the occupiers evicted will also be responsible for the costs thereof , action against the occupiers for reimbursement of the said costs is seldom successful .
What preventative measures can you take ?
The most common preventative measure with respect to home invasions or residential hijacking would be to ensure that proper access control measures are in
84 OCT 2022 SA Real Estate Investor Magazine