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South Africa Case Law

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Land And Property [2020] ZAGPJHC 292

Wykwet 31 (Pty) Ltd and Others v Rand Water (A392/2018)

Wykwet 31 (Pty) Ltd and Others v Rand Water (A392/2018) [2020] ZAGPJHC 292 (10 September 2020)

Court
South Gauteng High Court, Johannesburg
Case number
A392/2018
Judges
Maier-Frawley, Makume, Bester

The respondent failed to establish a clear and enforceable real right of servitude along the south-western boundary of Holding 50. The manuscript amendment to the notarial deed was unilateral, lacked the required consent, was not attested by a notary, and was never registered in the Deeds Office. The servitude as registered existed only along the north-western boundary (line AB), not the south-western boundary (line AD). The respondent's reliance on interpretation of the deed could not cure the absence of statutory compliance and registration. The respondent did not prove a real right enforce…

Source excerpt

  • Servitude Registration
  • Deeds Registries Act Compliance
  • Rectification Of Notarial Deed
  • Condonation
  • Real Rights Vs Personal Rights
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Land And Property [2012] ZAECPEHC 78

Jagjiban and Another v Niekerk and Others (1176/2012)

Jagjiban and Another v Niekerk and Others (1176/2012) [2012] ZAECPEHC 78 (23 October 2012)

Court
Eastern Cape High Court, Port Elizabeth
Case number
1176/2012
Judge
PW Tshiki

The court found that the applicants complied with section 97(1) of the Deeds Registries Act by giving proper notice to the Registrar of Deeds, who responded within the required period. The provision is directory and non-compliance can be condoned. The debt only became due when the applicants paid the full purchase price and requested transfer, which occurred less than three years before the application, so prescription had not commenced. The National Credit Act does not apply to the transaction, and the respondents were correctly cited in both personal and representative capacities. The respo…

Source excerpt

  • Transfer Of Immovable Property
  • Deeds Registries Act Compliance
  • Prescription Act
  • Specific Performance
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.