Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” TestKVV Inc Attorneys
Published on: 04/03/2025

PIE prioritizes vulnerable individuals' right to housing over full property ownership rights in just and equitable circumstances. Even when legal processes are followed, courts may deny evictions if deemed unjust. This case highlights that despite lawful ownership and following PIE procedures, a court can refuse eviction based on factors like age, long-term occupancy, disability, and reliance on past assurances, prioritizing human dignity over property rights. Landowners must carefully consider potential occupier rights before purchasing and seek professional advice to navigate these complex situations.

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KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.

© KVV Inc. Attorneys 2025.

All Rights Reserved. Privacy Policy | POPIA