South Africa Case Law

Zeeman v De Wet NO and Others (325/2011)

Zeeman v De Wet NO and Others (325/2011) [2012] ZASCA 22; 2012 (6) SA 1 (SCA) (23 March 2012)

Court

Supreme Court of Appeal

Case number

325/2011

Judges

Brand, Heher, Snyders, Malan, Plasket

The Supreme Court of Appeal held that the servitude agreement and notarial deed did not constitute a novation of the original servitude but rather a modification of its route and the manner of water conveyance. The agreement expressly transferred all maintenance and repair obligations for the servitude works to the Trust, fundamentally altering the appellant's ancillary rights. While the notarial deed preserved a 'reasonable right of access' for the appellant, the court found that this right must be interpreted in light of the changed circumstances and the Trust's assumption of maintenance du…

Source excerpt

• Servitude Of Water Leading
• Access Rights
• Contractual Modification Of Servitude
• Maintenance Obligations
• Interpretation Of Servitude Agreements