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South Africa decisions
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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.
Bondev Midrand (Pty) Limited v Puling and Others (58/2014) [2015] ZAGPPHC 1127 (27 October 2015)
The High Court held that Bondev’s claim to re-transfer land for non-compliance with a building condition was a debt under the Prescription Act and had prescribed.
Body Corporate of Savannah Park v Brainwave Projects 1147 CC and Others (735/10) [2011] ZASCA 239; 2012 (2) SA 276 (SCA); [2012] 1 All SA 367 (SCA) (1 December 2011)
The Supreme Court of Appeal held that the developer's reserved right of extension under s 25(4) of the Sectional Titles Act is a statutory real right sui generis, not a personal servitude or usufruct. The right is limited to the development of further phases and does not entitle the developer to exclusive use, enjoyment, or commercial exploitation of the common property prior to registration of the relevant unit. The Act does not contemplate the leasing of a unit or part thereof before completion and registration. Amendments to the Act allowing rights of exclusive use for a limited period do…
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Standard Bank of South Africa Ltd v Swartland Municipality and Others (2011 (5) SA 257 (SCA)) [2011] ZASCA 106; 562/10 (1 June 2011)
The Supreme Court of Appeal held that the bank, as mortgagee, had a direct and substantial interest in the outcome of the demolition application and should have been joined as a party. The failure to join the bank did not render the demolition order a nullity, but the bank could not be met with the defence of res judicata. However, the bank was not entitled to an interim or final interdict to stay demolition because the structures were illegally erected and the bank had no defence to the municipality's claim for demolition. The proper remedy for the bank was to seek rescission of the order, b…
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Bedford Square Properties (Pty) Ltd v Erf 179 Bedfordview (Pty) Ltd (2011 (5) SA 306 (SCA)) [2011] ZASCA 37; 291/10 (28 March 2011)
The SCA held that a praedial servitude restraining leasing to named retailers remained valid. The appellant failed to prove changed circumstances or public-policy invalidity.
Kidson and Another v Jimspeed Enterprises CC and Others (38574/08) [2009] ZAGPPHC 30 (20 April 2009)
The court held that a registered habitatio did not lapse when the dwelling was destroyed, and the holders could rebuild or use alternative accommodation.
Dlamini and Another v Joosten and Others (30/05) [2005] ZASCA 138; [2006] 3 All SA 1 (SCA); 2006 (3) SA 342 (SCA) (30 November 2005)
The SCA held that burial rights under ESTA attach to the cadastral land where the occupier resides, and that an established burial practice cannot be unilaterally withdrawn.
Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and Others (60/99) [2001] ZASCA 28; [2001] 3 All SA 321 (A); 2001 (3) SA 569 (SCA) (19 March 2001)
The Supreme Court of Appeal held that the conditions registered in the original deed of transfer, specifically the use restriction and right of repurchase, constituted real rights intended to bind successors in title. These rights were properly registrable under the Deeds Registries Act as they imposed a subtraction from the dominium of the land. The omission of these conditions from subsequent title deeds was an error by the conveyancer and Registrar of Deeds, which did not extinguish the real rights. Under South Africa’s negative system of registration, the deeds registry does not guarantee…
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