How To Register A Servitude In South Africa

3 On 28 October 2009 Big Cedar launched an actionagainst Rand. Technically even if reduced to writing and signed such a contract does not give title to the servitude but conveys only a right to demand registration of that servitude to the holder thereof.

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In summary I conclude that this book is an instrumental treatise to establish the correct state of law on servitudes seen in the context of its historical development in South Africa as well as the effect of the constitution on the development of private law.

How to register a servitude in south africa. Milton JRL The law of neighbours in South Africa 1969 Acta Juridica 123-244. This can be done by executing a notarial deed which is then lodged at the Deeds Office and the servitude is then endorsed as a condition on the title deed of the property. Allen West is an attorney at MacRobert Attorneys in Pretoria.

Telkom v Xsinet 2. The one to use the servitude road and. If such a servitude road is registered both land-owners are bound to the servitude agreement.

This farmer has many hectares and I have only 7 hectares of which only 4 hectares is suitable for farming. Ex parte Geldenhuys 1926 OPD 155 0327. Hall CG Maasdorps Institutes of South African Law Vol 2.

Troskie and Another v Liquidator of RSD Construction CC Wilbecar Liquidators CC ta Bureau Trust Gauteng RSD Construction CC and Others 713222010 2015 ZAGPPHC 321 8 May 2015 It is not uncommon in close family circles that one grants the other servitudetype rights. Personal servitude is a right in favour of a specific individual. The servitude is registered against the title deeds and binding on successive owners in perpetuity.

He has threatened me with litigation. What is a thing. By examining the title deed of a property one would be able to ascertain whether there is a servitude registered over a property.

Servitude is a right which one property owner holds over a neighbouring property. Cancellation of a servitude. A common example is a right of passage or pipeline or storm water servitude.

Heres how the law on servitudes works. Servitude be passed over the property in accordance with Rand Waters standard terms and conditions. All endeavours thereafter to register a servitude foundered on the inability of the parties to agree on the amount of any compensation payable by Rand Water to Big Cedar.

How to identify real rights Property Law Case Summaries - Compiled by Remy Ngamije. These servitudes may be in favour of the city council itself or between the new portions that are being created. Servitudes to be registered as part of providing the Regulation 38 certificate which is required to lodge and register a subdivision in the deeds office.

A servitude is usually registered against the title deed of the property and it should thus be fairly easy to access a copy if he does not already have one. Praedial servitude which is when a person has a right of use due to the fact that he is the owner of a certain property. In most instances for the registration of a praedial servitude a land surveyor or architect would need to prepare a servitude diagram which diagram would indicate the location of such servitude.

The servitude affords the holder the right to do something with the property even if it may infringe upon the rights of the person who owns it says Adrian Goslett Regional Director and CEO of REMAX of Southern Africa. Sanette Viljoen. According to property legislation a servitude is a registered right that someone has over the immovable property owned by another person.

Kiewitz LA Relocation of a Specified Servitude of Right of Way LLM-thesis US 2010 Milton 1969 Acta Juridica. Should he sell the property the servitude can be exercised bywill have to be honoured by the new owner. This is to register a servitude and for us to fence 200 metres plus 2 four metre gates below and above the road.

Corporeal things 0403 Real security - Summary The Principles of the Law of Property in South Africa 0417. A servitude road is registered in the deeds of transfer of your land as well as your neighbours land. In other words the mere fact that one holds a contract which grants servitudinal rights does not make you the owner in the full sense of the word.

The Law of Property 10th ed Juta Cape Town 1979 Kiewitz Relocation of a Specified Servitude. Hence changing a registered servitude over a property without the consent of the property. SERVITUDE RIGHTS REQUIRE REGISTRATION.

However to be effective against third parties registration of the servitude against the title deed of the property is required. It is however likely that the right of way is drafted in plain terms merely allowing the owner of the dominant land the land requiring the right of way access over a demarcated portion of the servient land the land over which the servitude exists. Request a search on the.

After registration in the Deeds Office the servitude forms part of the conditions contained in the title deed or it would be in the form of an endorsement on the said title deed. Note about 2 hectares below this road is my farm. Go to any deeds office deeds registries may not give out information acting on a letter or a telephone call go to the information desk where an official will help you to complete a prescribed form and explain the procedure.

This diagram will need to be attached to the notarial deed and registered with same.

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