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We have lived on the farm for 5 years with a gentlemans agreement

 
Barendb's Avatar
  • Answered by:Barendb
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in South Africa Law

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Customer Question

We have lived on the farm for 5 years with a gentleman's agreement that we only pay the electricity and act as caretakers. Out of the blue we received a letter telling us that someone has bought the farm and we must vacate the property as soon as possible and that when the transfer has been recorded we will not be allowed occupation of the premises. How long do we legally have to find other accommodation. As we have not paid rent do we have squatter rights.

 

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Province: Gauteng

Already Tried:
Nothing. I don't know what to do as we only got the letter delivered by hand last night (Sunday)

Submitted: 1379 days and 11 hours ago.
Category: South Africa Law
Value: $15
Status: CLOSED
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Expert:  Barendb replied 1379 days and 10 hours ago.

Dear Sir,

From your description I believe that there was a verbal lease agreement, and that your services as caretaker were in place of rental. You will have at least 30 days within which to find alternative accommodation, and if any attempt to evict you is made before you find accommodation you should contact an attorney to oppose the eviction.

The best route to follow, however, is to contact the new owner, and tell him that you wil voluntarily vacate the property, but he must just give you a reasonable time to find alternative accommodation.

Regards,
Barend

Customer replied 1379 days and 9 hours ago.

I understand what you say about speaking to the new owner but the seller told me that no money had yet been paid. Quoted from the original letter from the new owner "We are in the process of taking transfer of the property and once the recordal of transfer has taken place, we shall not allow occupation of the property by you.
I must also add that the letter has no signature but is stamped by the SAP

Accepted Answer

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Expert:  Barendb replied 1379 days and 9 hours ago.

Dear Sir,

Even if transfer is to be registered today, the new owner will have to follow court processes. You are a legal occupier in terms of the current lease agreement. He will first have to give you one month's notice, then if you have not vacated the property he will have to get a court order. He can't simply call the police. You are not breaking any law.

Regards,
Barend

Expert TypeLegal Consultant
Category: South Africa Law
Pos. Feedback: 95.0 %
Accepts: 1043
Answered: 8/3/2009

Experience: BLC LLB (Pret) LLM (Augsburg)

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