The short answer
They could go to the Deeds Office to see if there is a title deed, otherwise legal assistance may be required.
The whole question
Dear Athalie
My mother moved into an abandoned house 16 years ago. She managed to find the owner. They agreed she would fully repair the house and then they would go to the municipality to apply for an RDP scheme.
It turned out that the alleged owner of the house had died and the person my mother was negotiating with was the owner's parent so no one could prove ownership of the house. The negotiations between that person and my mother broke down. How can my mother settle the dispute, buy the house and also compensate the previous owner?
The long answer
Perhaps the place to start is to find out if there was ever a title deed issued for the house. You would need to go in person to the Deeds Office with the erf number of the plot and the full name and/or ID number of the previous owner. Even if you don’t have the full name / ID number of the previous owner, but you have the erf number of the plot, the Deeds Office may be able to tell you if, when and to whom a title deed was issued. They would help you fill out a form to check whether a title deed was issued and you would have to pay a search fee of around R17.00.
If that fails, it might be possible to approach the person/s your mother was negotiating with previously, and assure them that your mother would be happy to pay them for the house if she could buy it. If they were open to it, you could suggest a joint approach to the municipality with them and your mother, asking that your mother be allowed to buy it and remunerate them at the figure agreed upon.
If this does not work out, your mother could consider going to court to get a court order to have the house declared hers, on the basis of her sixteen years of occupancy after it was abandoned, and her willingness to compensate the previous owners, who have not been able to prove their ownership. The court could make an order confirming her ownership, as well as an order on the amount to be paid as compensation to the previous owners.
She could approach Legal Aid, which is a means-tested organisation, which must assist people who cannot afford a lawyer. She could ask them whether they could approach the court for a declaratory order that she is the legal owner of the house. If the court declares that she is the rightful owner, and if there was a title deed issued, she can take the necessary steps to get it transferred into her name.
These are their contact details:
Tel: 0800 110 110 (Monday to Friday 7am to 7pm)
Please Call Me: 079 835 7179
She could also approach Pro Bono, which gives free legal assistance for cases they consider to be in the public interest.
These are their contact details:
Email: info@probono.org.za
Johannesburg: 011 339 6080
Cape Town: 087 806 6070/1/2
Durban: 031 301 6178
Ndifuna Ukwazi, which deals with urban housing disputes, might also be able to advise:
Email: Contact@nu.org.za
Tel: 021 012 5094
Wishing you the best,
Athalie
Answered on March 10, 2025, 1:06 p.m.
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