Knox and Another v Second Lifestyle Properties (Pty) Ltd and Another (A28/2011)
Knox and Another v Second Lifestyle Properties (Pty) Ltd and Another (A28/2011) [2012] ZAGPPHC 223 (11 October 2012)
The Full Court held that the appellants had established peaceful and undisturbed possession of the gravel road, as their regular use constituted possession under South African law. The closure of the road by the respondents, through fencing and notices, amounted to unlawful deprivation of possession, satisfying the requirements for mandament van spolie. The Court rejected the argument that possession must be exclusive, following the authority of Nienaber v Stuckey and Willowvale Estates v Bryanmore Estates, and found that multiple use does not preclude protection. The existence of alternative…
Source excerpt
- Mandament Van Spolie
- Peaceful And Undisturbed Possession
- Multiple Use Of Property
- Alternative Route Irrelevance