Roux and Others v Groenewald and Others (40691/2018)
Roux and Others v Groenewald and Others (40691/2018) [2019] ZAGPPHC 273 (14 June 2019)
The court found that the oral right of way servitude agreement constituted an alienation of an interest in land as contemplated by section 1(b) of the Alienation of Land Act 68 of 1981. To be valid and binding, such an agreement must be in writing and signed by the parties. As the alleged servitude was not reduced to writing, it was invalid and unenforceable. The relief sought to declare the oral servitude valid and in force could not be granted, nor could any dependent relief. The court further accepted that the cancellation of the sale agreement and the contingent nature of the right of way…
Source excerpt
- Oral Servitude Agreement
- Alienation Of Land Act
- Non Joinder
- Registration Of Servitude
- Sale Of Land
- Costs Order