• Danielle Geldenhuys

New Publication: Property and Pandemics: Property Law Responses to Covid-19

Updated: Apr 11

Temmers Boggenpoel, Zsa-Zsa [et al.] Property and Pandemics: Property Law Responses to Covid-19. – Juta, 2021

ISBN: 9781485138693

Publisher’s summary: “Property and Pandemics: Property Law Responses to Covid-19 is an edited collection of research essays. It stems from a research project under the auspices of the South African Research Chair in Property Law that was conceptualised early in 2020 when the effects of the Covid-19 pandemic were first becoming evident globally.

This collection offers critical perspectives on the role that property law rules and principles played in the responses of different states to the pandemic. The contributions challenge readers to think about how property law can or should respond to drastically changing circumstances.

The research is centred around four themes that intend to highlight the role that property law has played in governmental responses to the pandemic. The role of the home takes centre stage in considering how the instruction to ‘shelter in place’ carried with it a host of assumptions about the accessibility, availability and habitability of housing. Secondly, the constitutionality of regulations that affect the so-called ‘normal’ use and enjoyment of property is considered. Thirdly, spatial implications of the pandemic are set out, to consider how rural residents stand to be affected in specific and diverse ways. Finally, from a theoretical perspective, scholars consider systemic views of how property law fits into larger conversations about human flourishing, public health and resilience to disasters.”

Partial contents :

  • The Scottish response to the Covid-19 pandemic in the private rented sector

  • Protecting the ‘home’ against counter-spoliation during Covid-19

  • Never waste a good crisis: The Covid-19 pandemic and housing policy reform

  • Covid-19 and the homeless: Compounding the vulnerability of an already vulnerable group

  • The position of residential tenants who are unable to pay rent or utility bills during the Covid-19 pandemic

  • Community and condominium: Covid-19 as engine for innovation?

  • Guarding against the illegal eviction of unlawful occupiers during a pandemic

  • The consequences of the tenants’ failure to fulfil their payment obligations during Covid-19 and the national lockdown

  • Securing possession of the home in the Covid-19 context: The Irish experience

  • Spatial aspects of the Covid-19 pandemic

  • Covid-19 regulations and expropriation: Can an owner .claim compensation in terms of Section 25 of the Constitution when the Covid-19 regulations infringe on property rights?

  • The constitutionality of the Covid-19 moratorium on evictions in South Africa

  • Waste reclaimers and the revocation of permissive space in the pandemic

  • Access to land for subsistence and small-scale farmers: Cultivating a crop of legally secure rights post-pandemic

  • South African rural women’s land rights and the Covid-19 pandemic: A silver lining or another sailed ship?

  • Private property as public unhealth: A critical-systemic paradigm in times of rises

  • A generative property response to Covid-19

  • What can (South African) property lawyers learn from resilience thinking? An exploratory note on the aftermath of the Covid-19 pandemic.

Price: R595.00 including VAT, excluding delivery.

The book can be ordered from the Lexinfo Book Supply Service by sending an email to books@lexinfo.co.za

Date posted: 22 November 2021