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South Africa Case Law

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Land And Property [2017] ZAKZPHC 11

Padayachi v Pillay NO and Another (16587/2015)

Padayachi v Pillay NO and Another (16587/2015) [2017] ZAKZPHC 11 (16 March 2017)

The court dismissed a claim to acquire a driveway servitude by prescription, finding the use was permissive and not adverse to the true owner.

  • Acquisitive Prescription
  • Servitude By Prescription
  • Nec Precario
  • Adverse Possession
  • Real Rights
  • Estate Administration
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Land And Property [2013] ZASCA 188

Pezula Private Estate (Pty) Ltd v Metelerkamp and Another (149/2013)

Pezula Private Estate (Pty) Ltd v Metelerkamp and Another (149/2013) [2013] ZASCA 188; [2014] 1 All SA 664 (SCA); 2014 (5) SA 37 (SCA) (29 November 2013)

Appeal over a claimed prescriptive right of way failed because the use of the strip road was permissive, not adverse, and the route did not benefit the property.

  • Acquisitive Prescription
  • Praedial Servitude
  • Nec Precario
  • Adverse Possession
  • Right Of Way
  • Acquisitive-prescription
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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.