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MTHEMBU & CO ATTORNEYS
Practice Area
Advising on property transactions, disputes, and development.
Property law governs the acquisition, use, and disposal of immovable and movable property in South Africa. Whether you are buying or selling residential or commercial property, dealing with a boundary dispute, or managing a sectional title scheme, the legal framework surrounding property rights is detailed and consequential.
P A Mthembu Attorneys provides legal advice across the spectrum of property-related matters. While the firm does not operate a conveyancing practice, it advises clients on the legal aspects of property transactions, disputes, and development ensuring that clients understand their rights and obligations before committing to significant property decisions.
Property disputes including boundary disputes, encroachments, servitude disputes, and evictions are handled through the firm's litigation practice. The firm also advises on landlord-tenant disputes arising from commercial and residential leases, including proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
What is the PIE Act?
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 regulates the eviction of unlawful occupiers. It requires that evictions be carried out through a court order and that the court consider relevant circumstances, including the rights of vulnerable occupiers, before granting an eviction.
Can my landlord evict me without a court order?
No. In South Africa, a landlord cannot evict a tenant through self-help measures. A court order is required. The firm advises both landlords and tenants on the eviction process and their respective rights.
What should I check before buying property?
Before purchasing property, you should verify the title deed, check for any existing bonds or servitudes, confirm zoning compliance, and ensure that municipal rates and levies are up to date. The firm can assist with reviewing these aspects.
Whether you need representation or want to understand your options, get in touch.
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