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South Africa decisions
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CZ Holdings Proprietary Limited v Revival Technologies and Academy (4218/2023) [2024] ZALMPPHC 114 (11 September 2024)
The High Court confirmed a registered public servitude of right of way, rejected prescription, and ordered the respondent to remove obstructions and stop interference.
Moropa and Another v Ramonyai (048126/2023) [2024] ZAGPJHC 738 (2 August 2024)
The court granted declaratory and interdictory relief protecting a right of way servitude and confirming ownership of a disputed boundary wall section.
Hartley v Cortley and Others (21/21064) [2023] ZAGPJHC 763 (5 July 2023)
The High Court dismissed a spoliation application over a disputed driveway because Mogale City Local Municipality, which had ruled on the boundary issue, was not joined.
Pickworth N.O and Others v Jacobsz (373/2023) [2023] ZALMPPHC 37 (7 March 2023)
Urgent spoliation application over a locked servitude gate was struck from the roll because necessary interested parties were not joined.
Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021) [2022] ZASCA 137; 2023 (2) SA 150 (SCA) (24 October 2022)
The Supreme Court of Appeal held that the right of way servitude must be exercised in accordance with the civiliter modo principle, requiring a reasonable balancing of the rights of the dominant and servient owners. The erection of a gate across the servitude road, in the absence of an agreement to the contrary, is permissible provided it does not unreasonably interfere with the servient owner's rights. The high court correctly weighed the security concerns of the respondents against the appellants' access rights, ensuring that the appellants retained reasonable access to the servitude area.…
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Steenkamp v Jammine (23065/2020) [2022] ZAGPPHC 54 (24 January 2022)
Appeal dismissed in a spoliation dispute over a driveway gate. The court held the appellant had not proved peaceful and undisturbed possession of the respondent’s driveway.
Trizapax (Pty) Ltd v Graf and Another (60265/19) [2020] ZAGPPHC 408 (4 August 2020)
The High Court confirmed an interim interdict protecting a public servitude road, rejecting nuisance-based objections and making the access-order final.
H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17) [2019] ZAWCHC 185 (25 February 2019)
The court found that the servitude right of way, as described in the title deeds, is not limited to pedestrian access but includes vehicular access. The proposed wall would materially diminish the applicant's rights by obstructing vehicular access to a significant portion of the servitude area, which is unlawful. The City of Cape Town's approval of the building plans was set aside because the building control officer failed to be positively satisfied that none of the disqualifying factors under section 7(1) of the Building Act were present, particularly the derogation of property value. The e…
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Body Corporate of Windsor v Mount Amanzi Shareblock Limited (12240/2015) [2016] ZAGPPHC 595 (12 April 2016)
The court granted spoliation relief restoring access to a sectional title scheme and related facilities, and dismissed the respondent’s levy-based counterclaim.
Tyjaderlin Properties CC v Malan and Another (1487/2015) [2016] ZAFSHC 5 (22 January 2016)
The court confirmed a rule nisi restoring the applicant’s access to the Vaal Dam after finding unlawful spoliation, but reduced costs because of a false servitude allegation.
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