Sandvliet Boerdery (Pty) Ltd v

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Publish date 09 July 2019
Issue Number 4736
Diary Legalbrief Today
Sandvliet Boerdery (Pty) Ltd v Maria Mampies & Another (107/2018) (2019) ZASCA 100 (8 July 2019) Extension of Security of Tenure Act 62 of 1997 – s 6(2)(dA) – meaning of ‘reside’ – depends on facts of each case and ...

Sandvliet Boerdery (Pty) Ltd v Maria Mampies & Another (107/2018) (2019) ZASCA 100 (8 July 2019)

Extension of Security of Tenure Act 62 of 1997 – s 6(2)(dA) – meaning of ‘reside’ – depends on facts of each case and includes use of a graveyard – burial right may be invoked against landowner in respect of ancestral graveyard situated on registered land on which neither an occupier who seeks to bury a deceased family member nor the deceased had a dwelling at deceased’s death where they routinely performed sufficient acts in relation to land to regard it as part of land on which they ‘reside’.