We have become increasingly aware of instances of employees (or ex-employees) and /or occupiers
building without permission of the land owner.
This problem is compounded by the speed with which buildings can be built on a farm, sometimes without the landowner’s knowledge. Buildings can literally be started and finished within a few weeks and sometimes as quickly as a few days.
McCarthy & Associates Attorneys have had to proceed to court recently and more frequently to inter alia:
1. Interdict the continued building of unauthorized structures; and/or
2. Obtain orders to demolish structures.
Such litigation is emotional and can be expensive.
1. Accommodation rules (English and Zulu), which rules include no building without authority, must be communicated to employees/occupiers;
2. Landowners should record the status of housing/buildings annually. This is done through photographs taken of each household;
3. Landowners should conduct monthly inspections of the housing on their properties;
4. In the event that there is evidence of a site being cleared or building materials being brought onto the property, the Landowner must IMMEDIATELY:
a. Communicate verbally to the employee/occupier who is building that they may not build; and
b. Confirm this in writing (English and Zulu) with proof of service; and
c. Photograph the site/building materials/building operation; and
d. Seek legal advice.
Please also see our previous article in this regard Problems and Solutions for Employee Accommodation 25 April 2013. (LIZA – PLEASE PUT A LINK TO PREVIOUS ARTICLE.)
Should you require any advice please don’t hesitate to contact us:
Tel: (033) 266 6170 OR Fax: (033) 266 6175
Rob McCarthy: (083) 274 1232