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South Africa Case Law

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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)

Court
Western Cape High Court, Cape Town
Case number
A522/2009
Judges
Dlodlo, Saldanha, Desai

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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Land And Property [2010] ZAWCHC 127

Le Roux NO and Anders v Burger and Anders (21020/2008)

Le Roux NO and Anders v Burger and Anders (21020/2008) [2010] ZAWCHC 127 (10 June 2010)

Court
Western Cape High Court, Cape Town
Case number
21020/2008
Judge
PF Cloete

The court held that the servitude entitled Erfdeel only to half the water physically in the servitude dam, not to catchment water. The application was dismissed with costs.

  • Interpretation Of Servitude
  • Water Rights
  • Restrictive Interpretation
  • Division Of Water Resources
  • Interpretation-of-servitude
  • Water-rights
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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.