The Alienation of Land Act

In the recent Constitutional Court case of Botha v Rich NO the court decided that a purchaser may force a transfer of land in terms of Section 27 of the Alienation of Land Act, provided that more than half the purchase price has been paid and that the purchaser is not in arrears. The court further held that the principle of good faith underlying the law of contract dictates that land should be transferred to a purchaser in this situation against the furnishing of appropriate guarantees, even if the purchaser is in arrears with installments.

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