Evictions from farms are a special type of eviction, requiring compliance with a number of special legal requirements. This is very different from commercial evictions, where nobody is living on the property, and residential evictions, where someone is living on the property and the property is not farm land. If the land is farm land and someone is living on the land, this would typically be a farm eviction.
Evictions from farm land is regulated by the Extension of Security of Tenure Act, 62 of 1997. This law has put in place very particular and unique requirements to properly eviction someone from farm land.
In attending to farm evictions, we follow a phase by phase process – however the process may change depending on the facts.
Phase One of a Farm Eviction
This is a very important phase of the eviction because a mistake here will prevent a successful eviction.
In Phase One of a farm eviction, we consider all documentation and the facts. We then prepare the notices and documents to terminate the rights of the occupants. Very importantly, we try to engage the occupants to resolve the matter before heading to court.
Phase Two of a Farm Eviction
We will then prepare the “statutory notices” and have these served on the occupants, the municipality and the provincial government department responsible for land affairs. This notice informs the occupants, the municipality and the provincial government of the approaching eviction.
Very importantly, certain time periods are given to everyone. Again, a mistake here could prevent an eviction.
Phase Three of a Farm Eviction
We will then prepare the eviction application, have the eviction application issued and served on the occupants, the municipality and the provincial government.
The eviction application contains all the necessary facts and has the supporting documents attached to support and justify an eviction.
Phase Four of a Farm Eviction
The eviction application is then argued in court to get a court order. Once the court order has been obtained, the court order is served on the occupants to given them a chance to leave peacefully.
Phase Five of a Farm Eviction
In Phase Five of a farm eviction, a warrant of eviction is obtained and the Sheriff is instructed to evict the occupants. It is common to use the services of a security company to held the Sheriff and to guard the farm after the eviction.