People Have Taken Over My Place – What Can I Do in South Africa?

In South Africa, unlawful occupation of property whether by strangers, ex-tenants, or even family members can be a harrowing experience for a property owner. The sense of being dispossessed, especially when the people occupying your property refuse to leave, leaves many asking:

“People have taken over my place what can I do?” South African law offers remedies to reclaim your property legally and effectively. However, due process must be followed to avoid criminal or civil liability.

This article explains your legal rights, the eviction process, and how to regain control of your property if it’s been taken over in South Africa.

Understanding Unlawful Occupation

Before taking any action, it’s essential to define the situation. People who have taken over your place may fall into several categories:

• Unlawful occupiers or squatters: Individuals with no legal right or title to occupy your property.
• Overstaying tenants: Former tenants who remain after their lease expired or was cancelled.
• Family members or guests refusing to leave: These situations often become emotionally and legally complex.
• Trespassers after abandonment or sale: Strangers entering a property after it’s left vacant or in the process of being sold.

In all cases, the key term is “unlawful occupation.” This means the occupants do not have the legal right to remain on your property, regardless of how they entered.

You cannot Evict Them Yourself.

One of the most important legal principles in South Africa is that only a court can authorise an eviction.

Section 26 of the Constitution of South Africa protects the right to housing. As a result, evictions must follow strict procedures, mainly governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

If people have taken over your place, you cannot:

• Change the locks
• Shut off water or electricity
• Physically remove their belongings
• Threaten or harass them

Doing so constitutes an illegal eviction, and you could be held criminally or civilly liable even if you are the rightful owner of the property.

Establish Ownership or Right of Possession

Before any legal action can commence, ensure you have proof of your legal right to the property. This includes:

• Title deed (for property owners)
• Lease agreement (for legal tenants seeking to remove unlawful subtenants)
• Court order (if you’re appointed executor or liquidator of the estate)

Gather this documentation as it will form part of your case.

Attempt Negotiation or Mediation

While not a legal requirement, it is advisable to try informal resolution first. Please speak with the individuals who have taken over your place and request that they vacate within a reasonable timeframe.

Sometimes, unlawful occupiers are willing to leave if given a short grace period or financial assistance for relocation. This step also demonstrates to the court that you tried to resolve the matter amicably.

If the occupants refuse to negotiate, you must proceed to formal legal channels.

Issue Notice to Vacate (Optional Pre-Eviction Letter)

Although not a legal requirement, serving a notice to vacate can often be helpful, this letter serves as a final warning to the unlawful occupants to leave voluntarily, typically within 7 to 14 days.

This letter should state:

• Your ownership of the property
• That their occupation is unlawful
• A reasonable deadline to vacate
• That legal steps will follow if they refuse

If they ignore this notice, proceed to court.

File for Eviction in Court

To regain legal possession of your property, you must apply to the appropriate court (either the Magistrate’s Court or High Court) for an eviction order under the PIE Act.

Your legal team or attorney will assist with:

• Drafting and filing a Notice of Motion and Founding Affidavit
• Explaining how the occupation became unlawful
• Confirming you are the rightful owner or lawful possessor
• Providing evidence of attempts to resolve the matter amicably

Once the application is filed, the court will issue a Notice of Hearing.

Serve Court Papers on the Unlawful Occupiers and Municipality

The court documents must be served on:

• The unlawful occupiers
• The local municipality (as they may need to provide alternative accommodation)

Service must be completed at least 14 days before the court hearing. This gives all parties time to respond.

Attend the Court Hearing

The court will consider:

• The rights of the property owner
• The length of the unlawful occupation
• The occupiers’ vulnerability (e.g., children, older people, disabled persons)
• Whether alternative accommodation is available

If the judge is satisfied that the eviction is just and equitable, they will issue an Eviction Order. This will usually specify a date by which the unlawful occupiers must vacate the premises.

Enforce the Eviction Order

If the unlawful occupiers fail to leave by the date specified in the order, the Sheriff of the Court will be instructed to remove them forcibly.

The Sheriff may:

• Call on SAPS to assist
• Use reasonable force to remove people and belongings
• Change locks or secure the premises

Do not attempt this step yourself. Only the Sheriff has the legal power to carry out evictions.

Special Cases:

Tenants Who Won’t Leave After Lease Expiry

Even if tenants had a lease, once it expires and they fail to leave, they become unlawful occupiers. You must follow the PIE Act eviction process as described in the relevant guidelines.

Strangers or Squatters Entered a Vacant Property

This is becoming increasingly common in urban areas. Even though they are squatters, you still must follow legal eviction procedures.

Family Members or Former Partners Refusing to Leave

These cases often involve additional emotional and financial complications. If the person is no longer legally allowed to stay (e.g., after divorce or death of a joint owner), you may still apply for eviction. Legal advice is strongly recommended in such cases.

Occupation of Rural or Agricultural Land

Evictions in rural areas may fall under the Extension of Security of Tenure Act (ESTA), primarily if the occupiers work or have worked on the land. ESTA evictions are more complex and require additional steps, especially when occupiers have lived there for over 10 years.

Can I Claim Damages for Occupation?

If people have taken over your place and caused you financial loss—such as unpaid rent, property damage, or lost business—you may pursue a separate civil claim for damages.

This can be done:

• Together with the eviction application (if requested)
• Or as a follow-up action once you regain possession

However, recovering damages can be difficult if the occupiers have no assets.

Prevention Tips: How to Avoid Unlawful Occupation

• Keep properties secured, especially when vacant
• Do regular inspections if you rent property
• Use written lease agreements with clauses for early termination
• Avoid informal arrangements with friends or family
• Report squatters or suspicious activity immediately
• Maintain updated municipal records proving ownership

The Role of the Police

South African Police Service (SAPS) cannot evict anyone without a court order. However, they can assist if:

• A valid court order is in place, and the Sheriff requests assistance
• There is a breach of peace or trespassing on vacant land
• There is criminal activity involved (e.g., vandalism, threats, theft)

Why Speed Is Essential

If people have taken over your place, act quickly. The longer they remain, the more complex the eviction becomes, especially if:

• Children or vulnerable individuals are involved
• They apply for alternative accommodation from the municipality
• They claim a right to stay under customary law or adverse possession (in sporadic, long-term cases)

Early legal action also helps prevent damage, utility theft, or deterioration of the property.

Conclusion

If people have taken over your place in South Africa, you must act within the law to remove them. Whether you are a property investor, homeowner, or landlord, the correct legal process ensures your rights are protected while complying with the Constitution and the PIE Act.

You cannot take the law into your own hands. Instead, work with an attorney to initiate eviction proceedings as soon as possible. With the proper documentation and legal support, you can reclaim your property—and your peace of mind.

FAQs

Can I call the police to remove people from my property?

No. SAPS cannot remove people from a residence without a court-authorised eviction order.

What if they moved in while I was away?

Even if you were absent, the law still requires a court order for eviction to proceed. File as soon as you discover the occupation.

Do I need a lawyer to evict someone?

Although it’s not legally required, hiring a lawyer can significantly improve your chances of success, especially given the complexity of eviction law.

How long does the eviction process take?

Typically, 6 to 12 weeks, depending on court availability and whether the occupiers oppose the application.

What if the people are my relatives?

Even relatives must leave if they no longer have a legal right to stay. Courts may consider family ties, but unlawful occupation remains a valid reason for eviction.

Useful External Links

• www.justice.gov.za
• www.legal-aid.co.za
• www.westerncape.gov.za/service/eviction-process
• www.gauteng.gov.za
• www.gov.za/documents/prevention-illegal-eviction-and-unlawful-occupation-land-act

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