An analysis of the purchaser's protection in terms of chapters two and three of the Alienation of Land Act 68 of 1981

Abstract

Chapters II and III of the Alienation of Land Act 68 of 1981 contain various measures which are intended to protect a purchaser who has entered into a contract for the sale of land. This dissertation will consider the various sections of these Chapters to indicate what protection the purchaser is offered, whether this protection offered is to the advantage of the purchaser, and also what the purchaser must do to be afforded this protection. The different sections are split into different chapters which will cover rights which are applicable in general, rights which are applicable when a mortgage bond is still registered over the land, and also the rights which a purchaser has if the owner of the land should become insolvent before the land is transferred to the purchaser. It is important that the purchaser should be aware of these rights because they are intended for his benefit. Some sections are excessively verbose which is not to the advantage of a purchaser who probably cannot afford legal assistance since he cannot obtain a mortgage bond to assist with the purchase of the property and as such some sections can be criticised. Where possible, suggestions for easier understanding have been provided. The aim of the dissertation is to inform purchasers of what rights they have at their disposal when they enter into a contract and to ensure that he understands the rights which he has so that he can actually attempt to rely on the Act if the need arises.