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South Africa Case Law

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Land And Property [2014] ZAECGHC 104

Buchanan v Hope NO and Others (81/2014)

Buchanan v Hope NO and Others (81/2014) [2014] ZAECGHC 104 (3 July 2014)

The court interpreted a servitude height restriction to require measurement from finished ground level and ordered compliance within three months.

  • Servitude Interpretation
  • Building Height Restriction
  • Declaratory Order
  • Contempt Of Court
  • Servitude-interpretation
  • Building-height-restriction
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Land And Property [2013] ZAECGHC 93

Buchanan v Hope NO and Others (654/2010)

Buchanan v Hope NO and Others (654/2010) [2013] ZAECGHC 93 (28 October 2011)

The court granted a declaratory order enforcing a registered servitude, holding that the defendants breached a 4-metre building-height restriction on servient land.

  • Servitude Enforcement
  • Building Height Restriction
  • Interpretation Of Servitude
  • Praedial Servitude
  • Actio Confessoria
  • Servitude-enforcement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.