South Africa Case Law

Seale and Others v Minister of Public Works and Others (899/2019)

Seale and Others v Minister of Public Works and Others (899/2019) [2020] ZASCA 130 (15 October 2020)

Court

Supreme Court of Appeal

Case number

899/2019

Judges

Ponnan, Zondi, Dambuza, Van der Merwe, Weiner

Clause K and the notarial contract did not create enforceable rights to registration of praedial servitudes, as they failed to identify a dominant tenement and amounted to an unenforceable agreement to agree, lacking a deadlock-breaking mechanism. The title deed provisions merely echoed the unenforceable clause K. The evidence did not establish acquisitive prescription, as there was insufficient proof of continuous use of the foreshore as if of right for 30 years prior to 1971. The second appellant, Ontspan Beleggings, is clothed with a registered praedial servitude of access to the Dam over…

Source excerpt

• Servitude Registration
• Acquisitive Prescription
• Agreement To Agree
• Deadlock Breaking Mechanism
• Praedial Servitude
• Title Deed Interpretation

Municipality of Mossel Bay v The Evangelical Lutheran Church and Another (443/12)

Municipality of Mossel Bay v The Evangelical Lutheran Church and Another (443/12) [2013] ZASCA 64 (24 May 2013)

Court

Supreme Court of Appeal

Case number

443/12

Judges

Lewis, Theron, Majiedt, Plasket, Zondi

The Supreme Court of Appeal held that the restrictive conditions in the title deeds must be interpreted holistically and according to their ordinary meaning. The word 'or' in the conditions is plainly disjunctive, meaning that either cessation of use or lack of requirement for the stipulated purposes triggers reversion. The church had ceased using the properties for church or educational purposes since January 2006, and its stated intention to resume such use in the future could not cure the breach. The facts were largely undisputed, and the respondent's bare denial was insufficient to create…

Source excerpt

• Restrictive Conditions
• Title Deed Interpretation
• Reversion Of Property
• Church Property Use

Municipality of Mossel Bay v Evangelical Lutheran Church and Another (22109/10)

Municipality of Mossel Bay v Evangelical Lutheran Church and Another (22109/10) [2011] ZAWCHC 434 (23 September 2011)

Court

Western Cape High Court, Cape Town

Case number

22109/10

Judge

Baartman

High Court dismissed a municipality’s claim to take transfer of church-owned land under restrictive title deed conditions tied to church and educational use.

• Restrictive Conditions
• Title Deed Interpretation
• Property Reversion
• Constitutional Property Rights
• Restrictive-conditions
• Title-deed-interpretation

Resnekov v Cohen (1787/11)

Resnekov v Cohen (1787/11) [2011] ZAWCHC 317; 2012 (1) SA 314 (WCC); [2012] 1 All SA 680 (WCC) (24 August 2011)

Court

Western Cape High Court, Cape Town

Case number

1787/11

Judge

Griesel

The court held that a title deed restriction was a personal servitude, not a praedial servitude, and dismissed an urgent interdict for lack of locus standi.

• Restrictive Conditions
• Personal Servitude
• Praedial Servitude
• Title Deed Interpretation
• Personal-servitude
• Praedial-servitude

High Dune House (Pty) Ltd v Lester and Another (ECJ 2004/009)

High Dune House (Pty) Ltd v Lester and Another (ECJ 2004/009) [2004] ZAECHC 10 (2 April 2004)

Court

High Courts - Eastern Cape

Case number

1233/02

Judge

Pickering

Costs ruling in a property dispute: the applicant bore wasted costs from an unnecessary postponement, while the respondent was ordered to pay 90% of the remaining costs.

• Restrictive Conditions
• Title Deed Interpretation
• Costs Award
• Urgent Application Procedure
• Costs-order
• Urgent-application-procedure