The right of ownership vs the right of habitation
18 May 2018
Section 1 of the Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998 (the PIE... Act) defines an “unlawful
occupier” as “a person who occupies land without the express or tacit
consent of the owner or person in charge…” The question thus arises as
to what the legal position is where one person is the owner of the
property while another person can be described as a “person in charge”
by virtue of a right of habitation.