Property sellers and alien invaders. your new duty to disclose

Property sellers: Your lives have just been made more difficult, albeit in the best of causes.  NEMBA (The National Environmental Management: Biodiversity Act) imposes onerous duties on landowners and others for the control or eradication of listed plants, animals, birds, fish etc deemed to be invasive (and therefore destructive of our environment, our biodiversity, our livelihoods and our economic development).

Prior written notice to the buyer required

Now new regulations require you as a property seller to notify the buyer in writing,before conclusion of your sale agreement, “of the presence of listed invasive species on that property.”

Failure to comply will expose you to the risk of both substantial criminal penalties and potential liability to the buyer, but compliance is not going to be a simple matter.  The species lists are extensive, with lists of exempted species, prohibited species, and different categories of species requiring eradication, control or application for a permit. To complicate matters even further, some species are subject to different categorisation in different provinces, so for example an invasive plant requiring eradication in one province may require only control in another.  “Invasive Species South Africa” have useful lists and other resources on their websitehttp://www.invasives.org.za/ but seek professional help in any doubt and in particular ensure that your sale agreement is correctly worded to protect you.

Bisset Boehmke McBlain Attorneys