Botha and Another v Die Hoerskool Menlopark and Others (22089/2021)
Botha and Another v Die Hoerskool Menlopark and Others (22089/2021) [2025] ZAGPPHC 194 (22 February 2025)
The Court found that the School's unilateral restriction of access to the servitude tenement constituted partial spoliation, as the applicants were deprived of convenient and unfettered access without consultation or due process. The applicants established a clear right under the registered servitude to extract a specified quantity of water from the borehole and to access the servitude area. The School's safety concerns and statutory obligations justified reasonable access control measures but did not warrant deprivation of the applicants' rights. The municipal bylaws relied upon by the Schoo…
Source excerpt
- Servitude Rights
- Spoliation
- Final Interdict
- School Safety Regulations
- Municipal Water Bylaws
- Interpretation Of Deeds