What is an Eviction Order?

An eviction order is a crucial legal instrument in South Africa’s property law, addressing situations where a property owner seeks to remove an unlawful occupier. Understanding its implications is vital for both property owners and occupants.

When a court grants an eviction order in favour of the property owner, it specifies a date by which the unlawful occupier must vacate the property. If the occupier fails to comply, the court authorizes the Sheriff to enforce the eviction. This process is governed by strict legal protocols to ensure fairness and compliance with the law.

A key aspect of an eviction order is the allocation of legal costs. Typically, the unsuccessful party in the eviction case will be responsible for the legal costs of the successful party. These costs are determined on a specific scale and are subject to taxation by the Taxing Master, ensuring a transparent and just process.

For property owners and unlawful occupants, it’s essential to understand the legal and financial implications of an eviction order. Non-compliance can lead to significant consequences. For comprehensive legal guidance on eviction orders and related property law matters, consulting with a qualified attorney is advisable.