Real Estate Legal Framework

Summary

The legal framework for real estate in South Africa includes the Sectional Titles Act for sectional-title ownership, the Property Time-Sharing Control Act for time-sharing schemes, and the Restitution of Land Rights Act for addressing historical land dispossession. Eviction laws under PIE require courts to consider if evictions are just and equitable. The National Building Regulations and Building Standards Act allows municipalities to order evacuations of unsafe buildings. Historical land issues include the Dutch colonial res nullius assumption and the Precious and Base Metals Act, which restricted land occupation by black people. Understanding these laws is crucial for navigating real estate and housing rights in South Africa.

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What constitute a formal act by the sheriff or deputy sheriff in terms of a court order (writ of execution) whereby the judgment creditor acquires a judicial real security right on the attachment object in fulfilment of the judgment debt? a. An attachment b. A bond cancellation c. A combined summons d. An emolument order
The correct answer is:
a. An attachment
This formal act by the sheriff or deputy sheriff involves seizing the property of the debtor to satisfy the judgment debt.
A Sectional-title ownership is governed by the provisions of the following Act, namely a. the Share Blocks Control Act * of * b. the Share Blocks Control Act * of * c. the Sectional Titles Act * of * d. the Housing Development Schemes for Retired Persons Act * of *
The correct answer is:
c. the Sectional Titles Act * of *
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Some 26 years into a democratic South Africa, most black people find themselves on a waiting list for housing. By now, they have become hopeless since the current government is not adequately addressing their service delivery concerns. Therefore, about * people illegally occupied a vacant *-storey building that is dilapidated. It is situated next to the Deputy President’s home in Sandton within the City of Johannesburg Metropolitan Municipality. The building has been declared unsafe and unhealthy for anyone to occupy. The said building is owned by one of the richest men in South Africa, Mr Isaac Maluti. Which of the following correctly describe the legal option that is available to the Municipality in these circumstances?
Case Rating: *
The Municipality can take the following legal actions:
- Seek an eviction order from the court to remove the illegal occupants.
- Declare the building as condemned and enforce its evacuation due to safety concerns.
- Coordinate with law enforcement to ensure the eviction is carried out peacefully.
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a. Even though the municipality is worried about their health and safety, it can legally do nothing as it does not own the buildings. b. In terms of section * of the National Building Regulations and Building Standards Act * of *, a municipality may, if it deems it necessary for the safety of any person, by written notice order the owner of the building to remove all persons occupying buildings or structures that are unsafe or unhealthy c. Even though the municipality is worried about their health and safety, it can legally provide them with enough cash to purchase their own the building. d. Even though the municipality is worried about their health and safety, it can legally refer the matter to the Provincial Department of Housing for assistance.
Case Rating: *
The correct legal option for the Municipality in these circumstances is:
b. In terms of section * of the National Building Regulations and Building Standards Act * of *, a municipality may, if it deems it necessary for the safety of any person, by written notice order the owner of the building to remove all persons occupying buildings or structures that are unsafe or unhealthy.
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Which Act controls the Time-sharing schemes in South Africa? a. the Share Blocks Control Act * of * b. the Share Blocks Control Act * of * c. the Sectional Titles Act * of * d. the Property Time-Sharing Control Act * of *
Case Rating: *
The correct Act that controls Time-sharing schemes in South Africa is:
d. The Property Time-Sharing Control Act * of *
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Retirement-housing schemes are schemes that cater for the following categories of people with suitable residential property: a. Retired persons b. Unmarried couples who are unemployed c. Army personnel in active service d. Retired police personnel
Case Rating: *
It seems like you are seeking information on retirement-housing schemes. These schemes typically cater to:
- Retired persons
- Retired police personnel
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answer the question Retirement-housing schemes are schemes that cater for the following categories of people with suitable residential property: a. Retired persons b. Unmarried couples who are unemployed c. Army personnel in active service d. Retired police personnel
Case Rating: *
Retirement-housing schemes are schemes that cater for the following categories of people with suitable residential property:
- Retired persons
- Retired police personnel
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A ____________ is a plan which represents the relative positions and dimensions of two or more pieces of land and is usually signed by a land surveyor. a. A general plan b. A Mortgage bond c. A township Register d. A title deed
Case Rating: *
The correct answer is:
a. A general plan
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What is the name of the court case in which * occupiers had to be evicted in an application for eviction from unsafe and unhealthy buildings in terms of the NBRBSA a. Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others * (*) SA * (CC) b. Occupiers of * Olivia Road, Berea Township and * Main Street Johannesburg v City of Johannesburg and Others * (*) SA * (CC) c. Residents of Western Cape v Thubelisha Homes and Others * (*) SA * (CC) d. Occupiers of Olivenhoutbosch and * Main Street Johannesburg v City of Johannesburg and Others * (*) SA * (CC)
Case Rating: *
The correct answer is:
b. Occupiers of * Olivia Road, Berea Township and * Main Street Johannesburg v City of Johannesburg and Others * (*) SA * (CC)
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In terms of the common law understanding of eviction, the owner was required only to establish ownership of the property and the occupier had no right to remain in possession of the property. Which of the following correctly describes the legal position under PIE? a. Under PIE, the court must determine whether the eviction will be “profitable”, taking into account certain special circumstances b. Under PIE, the court must determine whether the eviction will be “costly”, taking into account certain special circumstances c. Under PIE, the court must determine whether the eviction will be “just and equitable”, taking into account whether land has been made available or can reasonably be made available by a municipality or other organ of state or another landowner for the relocation of the unlawful occupiers d. Under PIE, the court must determine whether the eviction will be “just and equitable”, taking into account the rights and needs of the employed elderly occupants
Case Rating: *
The correct answer is:
c. Under PIE, the court must determine whether the eviction will be “just and equitable”, taking into account whether land has been made available or can reasonably be made available by a municipality or other organ of state or another landowner for the relocation of the unlawful occupiers.
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In which year was the second policy document – the White Paper on Housing – adopted mainly to tackle one of the most urgent questions facing the new South Africa, namely, the provision of housing. a. * b. * c. * d. *
Case Rating: *
The correct answer is:
c. *
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The Restitution of Land Rights Act * of * made it possible for people who had been dispossessed of their property in terms of discriminatory legislation, such as the Group Areas Acts * of * and * of *, to obtain the following: a. redress in the form of the restoration of the land b. Housing subsidies from the government c. suitable employment from the government d. Loans from the government
Case Rating: *
It seems like you are looking for detailed information regarding the Restitution of Land Rights Act. Here are the specific provisions under this Act:
- Redress in the form of the restoration of the land.
- Compensation or alternative land.
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The dismantling of apartheid led to a period of rapid and unprecedented a. Ruralisation b. Industrialisation c. Urbanisation d. Economic decline
Case Rating: *
The correct answer to your question is:
c. Urbanisation
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In terms of section * of the Constitution of South Africa everyone has the right to have access to a. a shack as a dwelling b. adequate housing c. guaranteed employment d. guaranteed education
Case Rating: *
The correct answer is:
b. adequate housing
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The Pastoralists resided too long in a particular place and insisted on a. building permanent homesteads. b. working on farms c. building dwellings that could be easily dismantled d. herding cattle
Case Rating: *
It looks like you're seeking general information on various legal topics. For the question about pastoralists, the correct answer would be:
a. building permanent homesteads.
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During colonial occupation, the Dutch assumed that the land over which they could claim sovereignty was res nullius (i.e. property belonging to no one) and that they could a. own and occupy it b. purchase it from the owners c. leave it alone and proceed with their journey d. apply for permission to farm thereon
Case Rating: *
The Dutch colonial assumption that land was res nullius allows them to:
- a. Own and occupy it
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Which two African tribes were deprived by the Dutch of their grazing and hunting lands by force of arms in order to take occupation of the land. a. the Pedi and Khoi b. the Zulu and Pedi c. the San and Khoi d. the Xhosa and Ndebele
Case Rating: *
The correct answer is:
c. the San and Khoi
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By the mid-1700s, the Cape Colony comprised the four districts of a. Graaff-Reinet, Stellenbosch, Transkei and the Ciskei b. Graaff – Reinet, Stellenbosch, Cape town and George c. Graaff-Reinet, Stellenbosch, Swellendam and the Cape d. Graaff – Reinet, Bloemfontein, Cape town and George
Case Rating: *
The correct answer is:
c. Graaff-Reinet, Stellenbosch, Swellendam and the Cape
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The quitrent tenure system was introduced in the year * and was based on a a. *-year lease b. *-year lease c. *-year lease d. *-year lease
Case Rating: *
The quitrent tenure system introduced in * was based on a *-year lease (c).
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The quitrent tenure system was introduced in the year * and was based on a a. *-year lease b. *-year lease c. *-year lease d. *-year lease
Case Rating: *
The quitrent tenure system introduced in * was based on a *-year lease.
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The Dutch settlers first encountered the Xhosa in the region of a. the Kei River b. the Orange River c. the Great Fish River d. the Great Fish and Kei Rivers
Case Rating: *
The correct answer is:
c. the Great Fish River
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Which of the following was provided for by the Precious and Base Metals Act * of * (T)? a. black people were allowed to purchase and occupy certain land b. black people were allowed to sell land c. white people were allowed to donate land to black people d. restrictions were placed on the occupation of certain land by black people
Case Rating: *
The correct answer is:
d. restrictions were placed on the occupation of certain land by black people
Would you like more information on this topic or have any other legal questions related to land laws in South Africa?