In South African Civil Litigation Law, most property owners are under the impression that reclaiming or evicting unlawfully occupied property is a simple and straightforward administrative process. However, modern property legislation, such as the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE Act) makes this process a strictly regulated one that commonly leads to lawful disputes. If you are looking for a civil litigation lawyer in Pretoria, Eileen Visser Attorneys is your definitive choice in a law firm.

With the PIE Act in mind, an eviction lawyer becomes more than just a property consultant and fills the role of a specialised civil litigator. They have a solid understanding of how eviction practices are handled within broad civil litigation and can be crucial to swift and lawful results in legal disputes. Today, we discuss essential litigation functions that an eviction lawyer can perform in the realm of civil litigation.

What Are the Essential Functions of an Eviction Specialist?

• Pleadings and Motion Court Practice: Motion proceedings are commonly used to file for eviction applications. Such applications are drafted by a civil litigator who gathers factual documentation to justify the application. These can include affidavits, notices of motion, and particulars of claim to name a few examples.

• Meeting Statutory Compliance: Eviction litigation involves several procedural hurdles that could serve as valid reasons to dismiss the case in court, should your case not have everything to clear these proverbial hurdles. Once again, this emphasises the need for an eviction specialist by your side. These hurdles cover Section 4(2) of the PIE Act and joining local municipalities to the legal proceedings. With a specialist eviction lawyer driving your case, you can avoid costly technical dismissals or delayed court rolls that would prolong such a process.

• Opposed Litigation and Counter Claims: Should the unlawful occupants or tenants mount a counter claim, they might bring several issues to the table that could cause the case to be thrown out. Therefore, you need an eviction specialist who can draft feasible replying affidavits and handle any oral arguments in court. This will give you a better chance if a counter dispute arises from an eviction order.

Eileen Visser Attorneys is your definitive solution to a law firm in Pretoria that can provide professional civil litigation lawyers and eviction specialists. Feel free to browse our website for details on our legal solutions and contact us today if you are interested in our services.