Land and Housing > Land > Extension of Security of Tenure Act (ESTA) (NO 62 OF 1997) > Rights and Duties of Occupiers and Owners Under the Extension of Security of Tenure Act
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Rights and Duties of Occupiers and Owners Under the Extension of Security of Tenure Act

The Act spells out clearly what are the rights and duties of occupiers and owners.

Occupiers must respect the fundamental rights of the owner, prevent visitors from causing damage and comply with the important and fair terms of the agreement with the owner. This is very important. If occupiers do not fulfil the agreement, they can be evicted without the option of alternative land.

The Act says that occupiers may not harm or threaten other people on the land, damage property or help others to build shelters unlawfully on the land.

Owners must respect the fundamental rights of occupiers, acknowledge the rights that this Act gives to occupiers and follow the provisions of the Act when they consider ending the rights of occupiers to stay on the land. The Act says owners or persons in charge have the right to:

  • Set reasonable conditions regarding visits to occupiers’ homes and family graves
  • Terminate an occupier’s right to stay on the land, if this is just and fair
  • Apply for an eviction order
  • Make an urgent application for eviction in certain circumstances
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