In recent times, restrictions on the use of and trade in private property have been on the rise. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection.

Among the formal functions of South African property law is the harmonisation of individual interests in property,the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations. South African property law regulates the “rights of people in or over certain objects or things.” It is concerned, in other words, with a person’s ability to undertake certain actions with certain kinds of objects in accordance with South African law.

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