A landowner's interests in the temporary concession of his property

Abstract

An owner of immovable property, whether urban or rural, which he does not intend to make use of personally, at some time or other will have to come to a decision regarding the title by which he will be conceding that property to another person. For the purpose of arriving at such decision a landowner will naturally examine the legal implications which would impinge on, and affect his interests as a consequence of the selection finally arrived at. The present thesis proposes to study and examine the juridical aspects of the laws relevant in this regard and which a land owner will have to take into consideration for the above mentioned purpose. Mainly, the thesis will deal with the present state of the provisions of law concerning Lease (Chapter 2), Emphyteusis (Chapter 3), Commodatum or Loan for Use (Chapter 4) and Antichresis (Chapter 5). The historical-juridical evolution of these institutes will naturally be touched upon. The issue of entrenching rights relating to immovable property in the Constitution will also be dealt with in Chapter 6. In applicable cases a land owner's interests from a fiscal point of view will also be examined and brought into relief (Chapter 7). The importance of fully understanding these institutes is key to solving the serious problem which still hampers our property market to this day - ·the excessive amount of vacant property. The truth is that landowners prefer to leave their premises vacant, even falling into disrepair, in the hope that the future may beckon a brighter investment than the present restrictive rental scenario. Only by truly understanding the legal implications involved in these institutions under the present legal system, will the landowner be encouraged to temporarily concede the use of his immovable property.