The myth
Many people think that squatters have a legal right to occupy a property indefinitely, and this may have resulted from the hype created by the media around how difficult it can be to evict squatters.
Happily though, this is a misconception. Although it can in some situations be difficult to evict squatters, no person or organisation has any right in terms of our law to occupy property against the permission of the owner, unless this is sanctioned by a court.,
However, be they people or businesses, squatters have the right not to be forcibly removed from a property by the landowner without an order of court. This is to ensure that the constitutional rights of the squatter, to dignity, equality and the right to a home and to property, are not violated.
Our courts frown on ‘self-help’ (which is regarded as a form of vigilantism) and when a landlord ‘takes the law into his own hands’ and forcibly removes an occupier from a property, this violates the rights of access to the courts of the occupiers, and their rights to ‘have their say’ in a court and bring any relevant considerations to light that might cause a court not to grant the eviction, or to grant the eviction on certain terms that it otherwise would not have.”
Squatters do not have the right to unlawfully occupy property, but can only be evicted after a court order has been granted. A legal expert explains...
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