Berzack v Huntrex 277 (Pty) Ltd and Others (210/2021)
Berzack v Huntrex 277 (Pty) Ltd and Others (210/2021) [2023] ZASCA 17; [2023] 2 All SA 1 (SCA); 2023 (6) SA 120 (SCA) (21 February 2023)
The Supreme Court of Appeal was divided. The majority (Plasket JA and Goosen AJA) held that the servitude registered in favour of the applicant was a personal servitude of usus, not a praedial servitude. The servitude served only the applicant's personal pleasure and did not confer a permanent advantage to the dominant tenement as required for praedial servitudes. The majority found that the utilitas requirement was not met, and the rights created were personal in nature. Section 66 of the Deeds Registries Act prohibits registration of personal servitudes extending beyond the lifetime of the…
Source excerpt
- Servitude Registration
- Praedial Vs Personal Servitude
- Deeds Registries Act
- Rectification Of Title Deed
- Acquisitive Prescription