Areas of Practice
Property Dispute Attorneys Cape Town
Resolving property disputes for buyers, sellers, landlords and tenants across the Western Cape.
Property disputes can arise at any stage of a property transaction or tenancy — from defects discovered after transfer to boundary disputes with neighbours. At VDH Attorneys we assist buyers, sellers, landlords, tenants and property investors to resolve disputes efficiently, whether through negotiation, mediation or litigation.
What We Handle
- Defects in property (latent and patent)
- Breach of sale agreements
- Transfer and conveyancing disputes
- Boundary and encroachment disputes
- Servitudes and rights of way
- Sectional title and body corporate disputes
- Homeowners' association disputes
- Landlord and tenant disputes
- Evictions (PIE Act)
- Spoliation orders
Property transactions in South Africa are governed by a complex web of legislation including the Alienation of Land Act 68 of 1981, the Sectional Titles Act 95 of 1986, the Community Schemes Ombud Service Act 9 of 2011 and the Rental Housing Act 50 of 1999. Our attorneys are well-versed in all of these statutes and will advise you on your rights and obligations.
Disputes about defects in property are particularly common. The voetstoots clause in a sale agreement generally protects the seller from liability for latent defects, but this protection does not apply where the seller was aware of the defect and deliberately concealed it. We assist buyers who have discovered defects after transfer to assess whether they have a claim against the seller.
Sectional title and homeowners' association disputes are an increasingly common area of property law. We assist owners and bodies corporate to resolve disputes about levies, rules, maintenance responsibilities and the conduct of trustees and directors.
Frequently Asked Questions
What is the voetstoots clause?
The voetstoots clause is a standard clause in South African property sale agreements that means the property is sold "as is" — the seller is not liable for any defects in the property. However, this protection does not apply where the seller was aware of a latent defect and deliberately concealed it from the buyer.
What can I do if my neighbour has built on my property?
An encroachment by a neighbour onto your property is a serious matter. You may be entitled to an interdict requiring the neighbour to remove the encroachment, or to compensation for the use of your land. Our attorneys will advise you on the best course of action.
What is a spoliation order?
A spoliation order (mandament van spolie) is an urgent court order that restores a person to possession of property from which they have been unlawfully dispossessed. It is available regardless of who has the better right to the property — the only question is whether the applicant was in peaceful and undisturbed possession and was unlawfully dispossessed.
How do I dispute a body corporate levy?
Disputes about levies and other sectional title matters can be referred to the Community Schemes Ombud Service (CSOS), which provides a relatively quick and inexpensive dispute resolution process. Our attorneys can assist you to prepare and present your case to the CSOS.