The right to own property is protected by section 25 of the Constitution that provides that no one may be deprived of property except in terms of a law of general application. It further provides that property can be expropriated subject to compensation if it is in the public interest to do so.
Apart from this right to own property, a person also has a right to the use and enjoyment of the property.
These rights are sometimes subject to limitations set out in legislation and common law. For example, if you live on a farm and your neighbour needs to pass through your land to get to their land, the use of your property can be limited by registering a “right of way” on the title deed. This right of way allows your neighbour to use part of your property to access their own property.
Another example would be in townhouse complexes or apartment buildings. Body corporate rules limit these rights by not allowing pets, or not allowing noise after a certain time of day and so on.
