Langebaan Ratepayers and Residents Association v Dormell Properties 391 (Pty) Ltd (11859/2011)
Langebaan Ratepayers and Residents Association v Dormell Properties 391 (Pty) Ltd (11859/2011) [2012] ZAWCHC 50; 2013 (1) SA 37 (WCC) (8 May 2012)
The court found that the applicant had established, on a balance of probabilities, that a public servitudal right of way existed over the gravel road (White Road) in Langebaan due to immemorial use by the public. The evidence from historical maps, manuscripts, and affidavits demonstrated continuous, unhindered public access long before the road's proclamation as a provincial road in 1968. The respondent failed to rebut the presumption of lawful origin of the public's use, and the introduction of a permit system did not effectively curtail the right. The court held that the deproclamation and…
Source excerpt
- Public Servitude
- Immemorial User
- Interdict
- Right Of Way
- Municipal Ordinance
- Urgent Interdict