• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  6. 6
  7. 7
  8. 8
  9. 9
  10. 10
  11. 11
  12. 12

The applicability of the Placaeten (passed by the Estates of Holland on 26 September 1658 and re-enacted thereafter on 24 February 1696) to rural tenements, or to both rural and urban tenements has long been a contentious and controversial issue in South

Extracts from this document...


PLACAETEN: DOES IT EXTEND TO URBAN PROPERTY? 1. TABLE OF CONTENTS 1. Introduction 2 2. Historical background and development 2 3. Application in South African case law 3 4. Current position 8 5. Academic view 9 6. Conclusion 10 7. Bibliography 11 2. 1. INTRODUCTION The applicability of the Placaeten (passed by the Estates of Holland on 26 September 1658 and re-enacted thereafter on 24 February 1696) to rural tenements, or to both rural and urban tenements has long been a contentious and controversial issue in South African law. It is a question that has enjoyed much attention and deliberation by both our courts and academic writers alike. If the Placaeten is to be applied correctly in our law and if the correct interpretation is to be followed, the historical development and reception thereof into South African law need to be understood, and a thorough understanding of the nature and application of the Placaeten in our law need to be sought. 2. HISTORICAL BACKGROUND AND DEVELOPMENT Before the introduction of the Placaeten in 1658, the prevailing Roman Dutch law determined the legal position of the lessee when it came to his/her rights with regards to removal of or compensation for improvements made to the property of the lessor. Roman Dutch law determined that the lessee is entitled to remove useful and luxurious improvements, provided that they can be removed without leaving the property in a worse condition then it was at the inception of the lease. The lessee was also not entitled to remove necessary improvements, but would have a claim for his/her expenses in this regard1. ...read more.


In Spies v Lombard10 the Appellate division considered whether the placaeten ever became part of South African law and to what extent. The Court considered article 9 of the placaeten which dictates that lessees of rural land are not allowed to make over their lease or rights, by selling, donating or exchanging without first obtaining the written consent of the owner. This prohibition was specifically directed against "Bruyckers ofte Pachters" which refer to the lessees of rural land. The court found inter alia that some of the rules derived from the placaeten had become part of our law through reception by the courts, and more specifically those contained in articles 10 to 13.Although the question as to the validity of section 9 of the placaeten in South African law was decided upon, it was also clear that the term "Bruyckers van Landen" which was similarly used throughout the Placaeten, made reference to lessees of rural land and not urban property. The fact that the obiter dictum in the De Beers case extended art 10 to 12 to both rural and urban property, while interpreting and considering the exact same terms and wording of the placaeten, 6. to wit "landen", could create confusion. This creates an anomaly according to Kerr11, as according to him, these four articles should either apply to rural property only or to both rural and urban property. In the case of Syfrets PMB v Estate & Co-op Wine Distributor12 the court confirms in judgement that the placaeten have been received into South African law and refers with approval to the De Beers and Van Wezel cases in support of this view. ...read more.


He states that in a grammatical context its meaning relates to agricultural land or rural property, and that up to 1989 there seems to have been a general perception in legal sources that landen was used in the placaeten with this standard meaning. Referring to van der Keesel19, he concludes that "the earlier authorities who considered that the Placaeten applied to rural land only, are correct"20 His reference to earlier authorities seems to refer to the legal position before the judgement was delivered in Syfrets Participation Bond Managers v Estate and Co-op Wine Distributors21 in 1989, but he revisits the subject a few years later22 and makes it clear that, the scope of the placaeten should not be extended to include leases of urban property, and is of the opinion that if reform is needed, it should be done by legislature in repealing the placaeten and enacting statutes that conform more to modern needs. Kahn23 also spends time on interpreting the placaeten, and similarly concludes that the placaeten clearly does not apply to urban tenements. 10. 6. CONCLUSION It seems that the general approach taken by our courts over a period of time was that the placaeten did extend to urban properties. In interpreting the meaning and application of the placaeten, it is clear from most recent case law that this approach is erroneous, and that urban property is not included. Taken together with the very strong opinions of modern South African writers to the same effect, it is clear that the Placaeten of 1658 never included an extension to urban property, and that any attempts to advocate that it does, would be the result of a misconstrued, incorrect or even an incomplete interpretation of the Placaeten. 11. 8. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Other Jurisdictions section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Other Jurisdictions essays

  1. Narni Pty Ltd v National Australia Bank Limited. This paper examines the agreement ...

    rights to demand repayment should be exercised so as to not unduly prejudice the borrower's interests" (Paget's Law of Banking, 1996). This prejudice would be overcome if reasonable notice was given of any proposed termination. Finally, the court concluded that there was a term of arrangement between the Bank and

  2. Anticipatory Bail under CRPC. A critical study of the recent amendments and judicial interpretation ...

    a special case has to be made out for the exercise of grant of anticipatory bail. It further said that Section 438 is of an extraordinary character and must be exercised sparingly in exceptional cases and also that the petitioner must make out special case for the exercise of the power to grant anticipatory bail.

  1. Elucidate Doctrine of Res Judicata in the Light of Decided Cases

    for the purpose of granting injunction the issue directly and substantially arises in that suit between the parties. When the same is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, the decree in injunction suit equally operates as a res judicata."

  2. Introduction to American Law. 5 questions on the US legal system.

    The Freedom of Expression is guaranteed by the First Amendment. It provides the freedom of speech, freedom of the press, the right to assemble and the right to petition. On the basic of this principles it guarantees the power to give voice to discontents and has helped to define both,

  1. Hong Kong Constitutional Law - in order to combat cross-border crime in an effective ...

    19 Mark S. Gaylord, "Cross-border Crime and legal jurisdiction in post-colonial Hong Kong" (1999) 31 Crime, Law & Social Change 31, 41-42. 20 See note 3 above, at page 57. 21 Ibid. 22 See note 3 above, at page 47. 23 See note 19 above, at page 44.

  2. American Public Law Brief. RACHEAL ROBERTS, PLANTIFF v. BRIANAIR, INC - Whether the ...

    It is submitted that Ms Roberts' condition that resulted in her missing one shift is at par with the risk of other employees taking absences due to illness. Applying this logic, it is further submitted that the state-law and the reasonable accommodations which it proposes does not inhibit Brianair's ability to compete with other companies in the same industry.

  1. There are four elements to a crime, a law, an offender, a target or ...

    Next in the concept of design is territoriality. Territoriality involves an individual's perception of, and relationship with, the environment. A strong sense of territoriality encourages an individual to take control of his or her environment and defend it against attack. Architectural design can take account of this by establishing real or symbolic barriers, for example fencing, which should encourage territoriality.

  2. Unilateral Divorce in Muslim Law

    He may delegate the power, absolutely or conditionally, temporarily or permanently.[27] A permanent delegation of power is revocable, but a temporary delegation of power is not. The delegation must be distinctly in favour of the person to whom the power is delegated, and the purpose of delegation must be clearly stated.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work