Lombard and Others v Go Lokile Farm (Pty) Ltd and Others (3701/2016; 4987/2016)
Lombard and Others v Go Lokile Farm (Pty) Ltd and Others (3701/2016; 4987/2016) [2017] ZALMPPHC 8 (25 May 2017)
The court found that the disputed road is not a public road, as there was no proclamation and the general public did not use it for a continuous period of 15 years. The Brand family's use was limited to access from their farms and did not confer public status. There was no registered servitude in favour of the Brand family, but even if a right of way existed, the applicants as owners of the servient tenement were entitled to relocate the road, provided the alternative route was as convenient and constructed at their own cost. Expert evidence confirmed the suitability of the alternative route…
Source excerpt
- Relocation Of Right Of Way
- Servitude Variation
- Public Vs Private Road
- Spoliation
- Interdict
- Environmental Impact Assessment