Property Remedies (Juta's Property Law Library)

Product Attributes

  • Soft Cover
  • 9781485126355
  • 1st Edition
  • 320 Pages
  • 2017


Boggenpoel, ZT

2017 - 1st Edition

R 600.00

About this Publication:

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law.

Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action.

The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

Contents Include:

  • Introduction
  • Vindicatory remedies
  • Possessory remedies
  • Compensatory remedies
  • Interlocutory remedies
  • The way forward for property remedies: Cognisance of the big  picture
  • Abbreviations
  • Bibliography
  • Table of Cases
  • Legislation

Of Interest and Benefit to:

  • Legal practitioners
  • Property specialists
  • Estate agents
  • Conveyancers