Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2019] ZASCA 55

JJPC Brand Administrators and Another v Lombard and Others (1223/2017)

JJPC Brand Administrators and Another v Lombard and Others (1223/2017) [2019] ZASCA 55 (1 April 2019)

Court
Supreme Court of Appeal
Case number
1223/2017
Judges
Navsa, Tshiqi, Wallis, Van der Merwe, Eksteen

The SCA held that the respondents failed to prove a road was not public and, in any event, could not relocate a prescriptive right of way where the new route prejudiced the dominant owner.

  • Servitude Of Right Of Way
  • Acquisitive Prescription
  • Public Road Status
  • Relocation Of Servitude
  • Servitude-of-right-of-way
  • Acquisitive-prescription
Read case analysis
Land And Property [2008] ZASCA 1

Linvestment CC v Hammersley and Another (634/06)

Linvestment CC v Hammersley and Another (634/06) [2008] ZASCA 1; [2008] 2 All SA 493 (SCA); 2008 (3) SA 283 (SCA) (28 January 2008)

Court
Supreme Court of Appeal
Case number
634/06
Judges
Howie, Mthiyane, Heher, Combrinck, Kgomo

The Supreme Court of Appeal developed the common law to allow relocation of a defined right of way servitude, if the servient owner pays costs and the dominant owner is not prejudiced.

  • Servitude Right Of Way
  • Relocation Of Servitude
  • Development Of Common Law
  • Constitutional Property Rights
  • Servitude-right-of-way
  • Relocation-of-servitude
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.