Seventh Edition by AJ Van de Walt & GJ Pienaar
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Introduction to the Law of Property
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AboutJutasPropertyLawLibrary
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have to play a large part in this process, but legislation cannot do all the work and
therefore judicial and doctrinal development of the common law and customary law is
equally important. It is therefore necessary to consider the direct and indirect effect and
the implications of the Constitution for the whole of existing property law, including
uncodified common law, case law and legislation.
Juta’s South African Property Law Library is aimed at revisiting and reassessing the
whole of South African property law, including the uncodified common law that is mostly
embodied in case law and academic writing, in order to establish how each aspect of
property law was influenced by apartheid law, how it responds to the new constitutional
dispensation (including land reform), and whether it could make a contribution towards the
transformation of South African law and society. For this purpose, the South African
Property Law Library will eventually consist of a number of monographs, each of which is
focused on one specific aspect of property law.
Recently published titles
GJ Pienaar Sectional Titles and other Fragmented Property Schemes (2010)
AJ van der Walt The Law of Neighbours (2010)
AJ van der Walt Constitutional Property Law (2nd ed 2011)
Jeannie van Wyk Planning Law (2nd ed 2012)
JM Pienaar Land Reform (2013)
AJ van der Walt & GJ Pienaar Introduction to the Law of Property (2016)
AJ van der Walt & GJ Pienaar Inleiding tot die Sakereg (2016)
AJ van der Walt Law of Property Casebook for Students / Sakereg Vonnisbundel vir Studente
(2016)
Forthcoming titles
AJ van der Walt The Law of Servitudes (2016)
ZB Temmers Property Remedies (2016)
R Brits Real Security (2016)
S Viljoen The Law of Landlord and Tenant (2016)
E van der Schijff Mineral and Petroleum Resources (2016)
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PrefacetotheSeventhEdition2016
Page vii
Preface to the seventh edition 2016
The seventh edition of Introduction to the Law of Property was revised and updated to
include new developments until July 2015.
This seventh edition of the Introduction is published as part of the series Juta’s Property
Law Library. Since the Introduction is primarily intended for use by students, it differs from
other volumes in the Property Law Library: no footnotes, no extensive doctrinal, analytical or
comparative analysis and no critical assessment in the constitutional context. It is after all a
student text. The Introduction is nevertheless not entirely dissimilary from the other
volumes in the series to the extent that it also explicitly and purposely places the material in