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SIMON NEEDS TO GET CLARITY FROM THE CITY!

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Scorpion Legal Protection
Scorpion Legal Protection

THE FACTS

SIMON Ntuli from Mamelodi, Tshwane, said his family bought a house four years ago and are still repaying the home loan.

Simon said the councillor in the area has been telling his mother to break away part of her house so that a neighbour can be accommodated.

His mother refused and in December the family received an eviction letter from the municipality, giving them 14 days to vacate the property.

The letter was given to them on 13 December. They have not received any further letters but want to know what to do.

WHAT I DID

I spoke to Scorpion Legal Protection Services for professional legal advice.

SOLUTION

The advice from Scorpion was that the reader should take the eviction letter to the director in the City of Tshwane’s housing department to seek clarity.

They must take with them documents showing that the house has been purchased and that payments are up to date.

If the issue is that of encroachment, they must request the surveyor’s report from the City showing that their house is stretching onto municipal land.

They can also use their own surveyor to look at the property and write his own report setting out how the encroachment can be sorted out.

Encroachment can never be remedied by eviction.

Either the person must pay a sum of money to make up for the encroachment, or the encroaching part must be demolished.

In approaching the City, they will be able to determine on what basis the eviction is taking place and if the City has a case.

You can strike back legally too!


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