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n Farmer’s Weekly - How common law protects your property - tax advice

Volume 2018 Number 18029
  • ISSN : 0041-848X
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Abstract

According to Black’s Law Dictionary (10th edition, 2014), ‘common law’ is “the body of law derived from judicial decisions, rather than from statutes or constitutions”. It is ‘case law’ based on precedent, as opposed to the ‘statutory laws’ enacted by a legislature. The latter tend to take away from common law rights. For example, in South Africa, the state long ago expropriated the land’s mineral rights. A farmer who discovers gold on his or her farm would benefit little from the discovery. Now, ownership of the land itself is being threatened. Yet, unless explicitly removed by statute, common law rights remain in force, starting with the fact that title at the registry of deeds is solid proof of ownership, valid against all comers.

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/content/journal/10520/EJC-ff5d60ad9
2018-08-03
2018-10-20

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