Vervreemding van grond kan mondelings geskied : feit of fiksie

Abstract

Section 2(1) of the Alienation of Land Act 68 of 1981 remains a bone of contention that emerges, too often, in case law. Although the application of this Act entails more than the mere purchase and sale of immovable property, its application is meticulously limited to the sale, exchange or donation of a unit, a right to claim transfer of land, an undivided share in land and for the purposes of chapters I and II of the Act, also any interest in land. The aim of this article is to illustrate that if an alienation of land does not fall strictly within the ambit of the above boundaries, the formality requirements of section 2(1) have no bearing on the validity of the agreement. For this purpose, all recent cases dealing with this topic are analysed to illustrate that the alienation of land can be achieved without complying with the stringent formality prerequisites of section 2(1).