Rubin v Botha [1911] ZAWLD 21 (29 May 1911)

Reported
Flynote

lmprovements - Rights of Tenant under Void Lease - Placaat
of 1658
.

 

Case summary

When a person enters on premises by virtue of an agreement of lease which subsequently is discovered to be void, for want of execution in manner prescribed by law, such person is a tenant at will, not a bona fide possessor, and is entitled to be compensated for improvements upon the basis of a tenant who has effected improvements with his landlord's consent, i.e., he is entitled to be paid the unexhausted value of the materials annexed to the soil.

 


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