PROSPECTIVE BUYERS OF LAND SHOULD FAMILIARIZE THEMSELVES WITH THE SURROUNDING FACTORS OF RESTITUTION AND LAND REFORM BEFORE PURCHASING LAND

Posted on Posted in Legal opinion

In the event where you are in the process of buying agricultural land, or if you wish to purchase agricultural land, a prospective buyer should firstly enquire from the current land owner, if he bears knowledge of any of the following:

  1. Any Restitution Claims made in respect of the Restitution of Land Rights Act 22 of 1994 on the property;
  2. any claims made in respect of the Land Reform (Labour Tenants) Act 3 of 1996 on the property; 
  3. whether or if any occupiers as defined in terms of the Extension of Security Tenure Act 62 of 1997 reside on the property.

A possibility always exists that a land owner may not be aware of a Restitution Claim or a Labour Tenants Claim. For the latter reason it is advisable that a prospective buyer of land should investigate the possibility of these claims at the Department of Rural Development and Land Reform, before entering into a Offer to Purchase.

The reason as to the request regarding occupiers defined in terms of the Extension of Security Tenure Act 62 of 1997, is in order to allow a prospective buyer to take cognisance of how many occupiers there may be, what their status are, and whether or if it will be the obligation of the current owner, or the new prospective buyer to evict these occupiers.

For any further queries regarding the above, or to schedule a consultation contact us:

SD NEL                            082 3038 303 / sd@sdnel.co.za

HENRI STEYNBERG        082 547 6996 / henri@sdnel.co.za