Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010)
Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010) [2010] ZAFSHC 102 (23 September 2010)
The court found that the title deed condition, registered as a servitude, was intended to benefit both the municipality and adjacent property owners, including the applicant. The applicant therefore has locus standi to enforce the condition. The first respondent admitted to conducting activities on the property that contravene the restriction, and its technical defences regarding authorisation and locus standi were rejected. The municipality, as the named beneficiary of the servitude, supported the application and was properly before the court. The respondent's argument that the municipality…
Source excerpt
- Title Deed Conditions
- Serwitude Enforcement
- Locus Standi
- Municipal Authority
- Interdict
- Rule 7 Authority