Nieuco Properties 1005 (Pty) Ltd and Another v Trustees for the time being of the Inkululeko Community Trust and Others (27524/13)
Nieuco Properties 1005 (Pty) Ltd and Another v Trustees for the time being of the Inkululeko Community Trust and Others (27524/13) [2017] ZAGPPHC 179 (29 March 2017)
The court held that the National Veld and Forest Fire Act's definition of 'owner' is non-exhaustive and includes both the registered owner and a lessee who controls the land. In this case, the lease agreement transferred possession and control of the State land to Mr Maseko, the lessee, who was responsible for compliance with statutory fire protection duties. The Act does not require the lease agreement to enumerate every statutory obligation, and the lessee, as a person engaging in farming, is expected to be aware of relevant legal duties. The second defendant, as owner, was not liable for t…
Source excerpt
- National Veld And Forest Fire Act
- Statutory Duties Of Owner
- Lease Agreement Liability
- Presumption Of Negligence
- Firebreak Obligations