When buying, selling, or even developing property in South Africa, one term you may come across is an interdict. But what does it really mean, and how can it affect your rights as a property owner or buyer?
Understanding an Interdict
An interdict is a court order that restricts someone from performing a specific act. In the context of property, it usually prevents an owner from transferring, selling, or making changes to their property until a particular issue is resolved.
Think of it as a legal “freeze” - it doesn’t take the property away from you, but it temporarily restricts what you can do with it.
Types of Property Interdicts
- Creditors’ Claims
- A bank or creditor may register an interdict to prevent you from selling a property until a debt is paid.
- Divorce or Inheritance Disputes
- Where ownership or division of property is in dispute, the court may order that the property cannot be transferred until the case is finalised
- Municipal or Rates Issues
- Municipalities can sometimes obtain interdicts if outstanding rates or taxes need to be settled before transfer.
- Building or Zoning Disputes
- A neighbour or the municipality may interdict further building on a property if construction violates by-laws or building regulations.
How Does It Affect Owners and Buyers?
- For Sellers: You cannot transfer ownership until the issue causing the interdict is resolved. This could delay your sale, even if you have a willing buyer.
- For Buyers: An interdict is a red flag. It could stall your transfer process for months and complicate your financing with the bank.
- For Creditors or Claimants: It’s a powerful legal tool to protect their interests, ensuring debts or disputes are addressed before ownership changes.
Can an Interdict Be Lifted?
Yes, but only once the underlying issue is resolved. This might involve:
- Settling debts or arrears.
- Complying with court orders.
- Reaching agreement in divorce or inheritance disputes.
An attorney can apply to have the interdict lifted once proof of compliance is submitted to the court or municipality.
Why Legal Advice Is Essential
Because an interdict is a court order, it cannot simply be ignored. Acting against an interdict could lead to contempt of court charges. Whether you are buying, selling, or facing an interdict against your property, you need a legal team who can:
- Investigate the cause of the interdict.
- Negotiate with creditors or opposing parties.
- Prepare and submit the necessary court applications.
- Ensure the property transfer proceeds smoothly once the matter is resolved.
Final Word
An interdict on a property doesn’t mean the end of your transaction - but it does mean delay and legal complexity. At VDM Attorneys, our conveyancing and litigation teams work hand in hand to resolve interdicts quickly and efficiently, protecting your rights and ensuring your property journey is not derailed.
📞 Contact us today to discuss your property needs and get expert advice on lifting or preventing an interdict.