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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Good day My dad divided his smallholding into six portions

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Good day
My dad divided his smallholding into six portions for each of his five daughters and a lady that stays on the smallholding for years. She never paid rent of any sort she has been asked to move to the portion that has been allocated to her the house that she stays in used to be on the holding before she moved in. She refuse to sign the documents and with the involment with other she demands extra money from us before she will move. This is a ongoing battle now for seven years, is there a procedure that we can follow no family before her are buried anywhere on the smallholding. She is working for a lady in town for many years now and her husband are working for another person in town also many years, my dad wanted to be fair and not just let her go but now she is making it very difficult for us, please can we have some advice on how to handle this? We don't have the finances to go legal. Much appreciated Regards Marinda
Good evening,

How did it happen that she lived there? Are there any agreements, either verbal or written that allows her to stay there? If so, what is the content thereof? Please provide as much detail about the situation as you can. The more I know the better I can advise.

Customer: replied 3 years ago.

Thanks for coming back, no agreement about 35 years ago she neede a place to stay and asked my dad if she can stay at the present location which he allowed he never asked her to leave al was done verbaly they used to stay on a neighbours land



Good afternoon,

Unfortunately the only way to get her to move would be the legal route. You can apply for Legal Aid, or you could request the Law Society to refer you to an attorney who would do the matter pro bono (for free).

The problems you are facing are that she she has stayed so long on the property and has become a "fixture" already, so to speak. You will have to follow the provisions of the Prevention of Illegal Evictions Act in this matter, and bring an appliction in terms of the Act after you have complied with the provisions, and that I am afraid, you will need an attorney for.

Simultaneously you could sue her for unjustified enrichment for the last 3 years rental. She has had the use of the property, but did not give anything back. The problem once again would be that she was allowed to stay there for so long for free. But it would be worth a shot in any case.

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