Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021)
Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021) [2022] ZASCA 137; 2023 (2) SA 150 (SCA) (24 October 2022)
The Supreme Court of Appeal held that the right of way servitude must be exercised in accordance with the civiliter modo principle, requiring a reasonable balancing of the rights of the dominant and servient owners. The erection of a gate across the servitude road, in the absence of an agreement to the contrary, is permissible provided it does not unreasonably interfere with the servient owner's rights. The high court correctly weighed the security concerns of the respondents against the appellants' access rights, ensuring that the appellants retained reasonable access to the servitude area.…
Source excerpt
- Servitude Right Of Way
- Civiliter Modo
- Gate Erection On Servitude
- Balancing Of Rights
- Arbitrary Deprivation Of Property
- Registration Of Servitude