Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021)
Pieterse and Others v Drumearn (Pty) Ltd and Others (LCC 135/2022 ; 3/2021) [2023] ZALCC 13 (19 April 2023)
The court held that the relocation of the appellant from a house on Blauwkrans Farm, owned by Drumearn (Pty) Ltd, to a house on Helderfontein Farm, owned by Helderfontein Farm (Pty) Ltd, constitutes an eviction under the Extension of Security of Tenure Act (ESTA). The farms are distinct cadastral units registered to different legal entities, and the Act regulates the relationship between occupiers and owners of the same land. The fact that both entities have common shareholders and operate the farms as a single unit does not alter the legal definition of 'land' for purposes of ESTA. The juris…
Source excerpt
- Extension Of Security Of Tenure Act
- Eviction
- Relocation Of Occupiers
- Cadastral Definition Of Land
- Security Of Tenure