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South Africa decisions
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Turnbury House Properties (Pty) Ltd v Wallin and Another (18924/2020) [2022] ZAWCHC 95 (18 May 2022)
The High Court enforced registered servitudes for a road, borehole water, and spring water, rejecting merger, destruction, rectification, and prescription defences.
Hope NO and Another v Buchanan (CA 83/2012) [2013] ZAECGHC 78 (2 August 2013)
The High Court dismissed an appeal over a building-height servitude, holding the structure exceeded the 4-metre limit and the compliance order stood.
Buchanan v Hope NO and Others (654/2010) [2013] ZAECGHC 93 (28 October 2011)
The court granted a declaratory order enforcing a registered servitude, holding that the defendants breached a 4-metre building-height restriction on servient land.
Low NO and Others v South African National Parks and Another (16144/2007) [2008] ZAWCHC 333 (12 December 2008)
The court found that the applicants' use of water from the servitude springs constituted an existing lawful water use under the National Water Act, as the servitude infrastructure was in operation during the qualifying period. The servitude's terms did not impose any explicit or implicit limitation on the volume of water, other than the capacity of the infrastructure itself. The applicants were entitled to repair and restore the infrastructure, including replacing pipes of equivalent diameter, and to access the servient tenement for maintenance. The court rejected the respondent's argument th…
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