Your home is meant to be a sanctuary, but for some homeowners, it can quickly turn into a source of anxiety and distress.
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Francesca Lucia, an Italian property developer with multiple homes in Cape Town who faced immense agony and financial loss due to a squatter, spoke out.
Lucia’s ordeal began in 2021 when she purchased a charming yet rundown four-bedroom house in Vredehoek, Cape Town, Cape {town} Etc reports.
She envisioned transforming it into a high-quality, affordable guesthouse inspired by hostels around the world. The renovation process took three to four months, and when she finally got the keys, she was devastated to discover that the property came with an unexpected tenant – a squatter.
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Initially, her real estate agent and the previous owner claimed that the squatter, who had been living rent-free for 13 years, was a temporary tenant who would leave once he found new accommodation. They suggested that she might consider letting him stay in exchange for maintenance work on the property. Lucia, however, had other plans for the space and was concerned about his safety, given the building’s condition.
Despite initial reassurances, it soon became evident that the squatter had no intention of leaving. As a foreign resident, Lucia knew that South African law was more protective of squatters than homeowners, and her status complicated matters. She was keen to follow legal procedures and avoid any forceful measures, respecting local laws and fearing government backlash.
Adding to her distress, the squatter’s associates began intimidating her, with one man even suggesting he was armed. Lucia was deeply unsettled by these interactions and felt increasingly threatened.
After four months of turmoil, Lucia sought legal advice and was advised to offer the squatter a financial incentive to vacate. She initially proposed R12 000 to help him find a new place, but he refused. Instead, his friends demanded R24 000. With mounting legal fees and ongoing renovation costs, Lucia found herself unable to meet these demands.
Overall, Lucia spent around R40 000 on legal fees alone, with her lawyer agreeing to a payment plan. The situation worsened when the squatter took her to court, accusing her of disrupting his life with the renovations, according to IOL.
‘I was renovating the house during this process and I remember while we were still negotiating him leaving, I received a notice order by the court pinned to my door informing me that I was being sued by my squatter for encroaching on his quality of life,’ she said.
Realising the financial and emotional toll was becoming too great, Lucia decided to meet the squatter’s demands. She ultimately paid R38 000 to resolve the situation, bringing her total expenses to R78 000.
Lucia’s experience has been deeply traumatic, leading her to seek medication for anxiety. She hopes sharing her story will help others understand the severe impact of dealing with squatters and advocate for legal reforms.
‘The point of doing this interview is to teach others the impact of having someone squatting,’ she explained.
Dominic Steyn, an attorney at Cowan-Harper-Madikizela Attorneys, supports Lucia’s concerns, noting that many property owners face long, costly battles with squatters. He criticised the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act (PIE Act) for its slow and costly processes.
‘In our experience, a property owner will be lucky to have the unlawful occupiers evicted within a period of 10 months from the date of the eviction application being instituted, and far longer where there are multiple occupiers,’ Steyn said. He also highlighted that legal costs can easily exceed R800 000 and are rarely recoverable.
Lucia, fearing retaliation, has chosen to use a pseudonym.
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Picture: CHUTTERSNAP / Unsplash
