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South Africa decisions
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Stadler and Others v Orlowski and Others (2451/2021) [2021] ZAWCHC 285 (12 May 2021)
The High Court confirmed an interim access order over a farm road, pending final determination of an action about prescription or a way of necessity.
Fraai Uitzicht 1798 Farm (Pty) Limited v McCullough and Others (118/2019) [2020] ZASCA 60 (5 June 2020)
The court held that the appellant failed to establish that the respondents were aware of or party to any fraudulent misrepresentation in the original proceedings. The evidence did not show that the respondents knowingly withheld material documents or misrepresented facts. The newly discovered documents did not meet the threshold for rescission under justus error, as they would not have materially altered the outcome. The disputed road remained the shortest and most convenient access for the landlocked properties, regardless of the status of deproclamation. The requirements for rescission base…
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Aventura Ltd. v Jackson and Others (290/05) [2006] ZASCA 103; 2007 (5) SA 497 (SCA) (15 September 2006)
The Supreme Court of Appeal held that the necessity for a right of way is determined by whether it is the only reasonably sufficient means of access to the landlocked property, not by whether regulatory authorisations have been obtained. The requirement for environmental authorisation is a separate matter and does not affect the legal necessity for access. The practical issue of obtaining authorisation before constructing the road can be resolved by making the grant of the right of way conditional upon such authorisation. The servitude should be registered only after authorisation is obtained…
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