Building hijacking, the affliction of Johannesburg's inner-city property owners, has spread to the coastal flatlands of Durban. But city manager Michael Sutcliffe says "hijacking" is an emotive term and that there are many other problems.

The example closest to a hijacking is Ana Capri, a 58-unit sectional title complex in Durban's Albert Park managed by Trafalgar. Occupants include hijackers and legitimate owners.

Sutcliffe confirms that Ana Capri was taken over by a mob and a legal remedy is the only course of action.

Trafalgar CEO Neville Schaefer says it will bring a Prevention of Illegal Eviction & Unlawful Occupation of Land (Pie) Act application for all unit owners, a process that could cost as much as R250 000 in legal fees alone.

Of about 90 bad buildings, Sutcliffe says only a few have been invaded.

A less severe case was the relocation of residents at The Ark, a homeless people's shelter adjacent to the Point precinct now under development.

The tenant, the Christian ministry running the shelter, was defaulting on municipal payments and residents were living in desperately unhygienic conditions. But, says Sutcliffe, they had not taken the building by force.

After months of court tussles and lengthy legal processes, the Durban Point Development Co (DPDC), the owner of the property, brought a Pie application to evict the 700 or so residents. The process, as usual, was long and tedious.

The DPDC's relocation plan for residents was scrutinised before a court order was granted in its favour. An appeal by the tenant, residents and others was dismissed before the DPDC could move them out , seal the building and put a security team in place.

Neels Brink, a director of Moreland (the property arm of Tongaat-Hulett) who worked with the DPDC on the case, says the process cost R1m in legal fees alone. Another R500 000 was spent on disbursements. It took about eight months to resolve the matter.

"Even where an applicant has the resources, finding alternative accommodation for evicted residents is no mean feat," he says.

Most of Durban's bad buildings are dilapidated rather than invaded. The council has assisted landlords with two hijacked buildings so far.

Sutcliffe takes a hard line on negligent buildings owners, though. Where landlords don't secure or properly manage their properties, they are "creating their own problems", he says.

"We're not going to just fix problem buildings, especially if landlords haven't been vigilant."

Financial Mail