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South Africa Case Law

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Land And Property [2023] ZAGPJHC 88

Singh v Body Corporate of ST Tropez (25559/2021)

Singh v Body Corporate of ST Tropez (25559/2021) [2023] ZAGPJHC 88 (3 February 2023)

The High Court upheld a body corporate’s counter-application and dismissed an owner’s bid to stop vehicle removal, finding parking rules were breached.

  • Sectional Titles Schemes Management
  • Conduct Rules
  • Parking Rights
  • Common Property Use
  • Sectional-titles-schemes-management
  • Parking-rights
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Land And Property [2012] ZASCA 118

Royal Hotel Riversdale (Pty) Ltd v Simon NO and Another (713/11)

Royal Hotel Riversdale (Pty) Ltd v Simon NO and Another (713/11) [2012] ZASCA 118 (18 September 2012)

The Supreme Court of Appeal interpreted a praedial servitude to protect parking for visitors to Portion B and held that a proposed building would infringe that right.

  • Praedial Servitude
  • Servitude Interpretation
  • Parking Rights
  • Contractual Intention
  • Praedial-servitude
  • Servitude-interpretation
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Land And Property [2011] ZAWCHC 290

Simon NO and Another v Royal Hotel Riversdale (Pty) Ltd

Simon NO and Another v Royal Hotel Riversdale (Pty) Ltd [2011] ZAWCHC 290; ; A522/2009 (15 June 2011)

Appeal over servitude interpretation upheld; the court held the proposed building would unlawfully interfere with the appellants’ servitudinal rights.

  • Servitude Interpretation
  • Restrictive Interpretation
  • Parking Rights
  • Commercial Property Access
  • Servitude-interpretation
  • Property-law
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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.