Werner v Florauna Kwekery Bk and Others (224/14)
Werner v Florauna Kwekery Bk and Others (224/14) [2015] ZASCA 46; 2016 (2) SA 282 (SCA) (26 March 2015)
The Supreme Court of Appeal held that the mere depiction of a servitude area on a Surveyor-General's sub-divisional diagram, without registration in the Deeds Office, does not constitute a servitude of right of way in favour of the public. The servitude depicted was intended only for access to envisaged business developments, which did not materialize, and the business rights had lapsed. No conditions were imposed requiring access for the Ozoroa Park residents or the general public. The cancellation of the servitude note on the diagram, while possibly irregular, was not decisive to the outcom…
Source excerpt
- Servitude Of Right Of Way
- Registration Of Servitude
- Deeds Registries Act
- Prescription
- Property Rights
- Subdivision And Development