LEGAL
The critical consideration
In my view one of the critical considerations is stated in“ c”( page 46). No doubt what will be of great significance are the circumstances that gave rise to the encroachment. In this regard the court will no doubt take into account the degree of innocence, or on the other hand an intention to simply take a chance.
About the author
Bryan Hack is a practicing advocate at the High Court of the Western Cape and a member of the Cape Bar. He has served several terms as an Acting Judge in the Western Cape Division of the High Court of South Africa. He is highly experienced in property and other contractual matters. Contact him by emailing hack @ capebar. co. za or call + 27 21 423 5441.
Reference: N. C. M v Trustees for the time being of the Red Cherry Trust and Others( 2024-003605) [ 2025 ] ZAGPJHC 662( 2 July 2025) www. tobuild. co. za | autumn 2026 47