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

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2020] ZAKZDHC 17

McLennan-Smith and Others v Mannaru and Others (10977/2014)

McLennan-Smith and Others v Mannaru and Others (10977/2014) [2020] ZAKZDHC 17; [2020] 3 All SA 814 (KZD) (30 April 2020)

The court found that, under the common law, beneficiaries of a servitude cannot unilaterally erect a security gate across a servitude without the owner's consent, as this constitutes an encroachment and imposes a prohibited burden. However, the oral agreement between the parties permitted a temporary gate, and the plaintiffs' security concerns are genuine. The law must balance the plaintiffs' right to security with the defendant's property rights, applying a reasonable use standard. The court recognised the need to develop the common law to accommodate modern security needs, provided such dev…

  • Servitude Rights
  • Security Gate Encroachment
  • Rectification Of Title Deeds
  • Common Law Development
  • Constitutional Property Rights
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.