Farm Evictions

Le Roux Attorneys and our team of Cape Town based eviction Lawyers are committed to farmers and their families throughout the province & the whole of South Africa. Like the majority of legal practice, evictions can get complicated, however, our mandate to maintain our client’s integrity and make sure the legal procedures for farming evictions are upheld and enforced correctly.

Farm eviction procedures

South African Farm evictions are governed by the Extension of Security of Tenure Act 62 of 1997. ESTA was enacted to prevent both unfair and arbitrary evictions and to safeguard the rights of people who live on land in rural and peri-urban areas.

What is considered a farming property

Agricultural property shall mean any tract of real property which is used to raise, harvest or store crops, feed, breed, or manage livestock, or to produce plants, trees, fowl, or animals useful to man, including the preparation of the products raised thereon for man’s use and disposed of by marketing or other means. It includes, but is not limited to, such real property used for agricultural, grazing, horticulture, forestry, dairying, and mariculture.

In the event at least 50% of real property tract shall qualify as “agricultural real property”, the entire tract shall be so classified, provided no other business for profit is being operated thereon. The term “agricultural real property” shall not include any property used as the residence of the owner or others in that the taxation of such property is specifically provided for.