Escherich and Another v De Waal and Others (2912/2016)
Escherich and Another v De Waal and Others (2912/2016) [2017] ZAWCHC 72; 2017 (6) SA 257 (WCC) (30 June 2017)
The court found that Seaview Drive East is a public street as defined by the Divisional Councils Ordinance No 18 of 1976, with ownership vested in the local authority by statute. The first respondent had no right to unilaterally obstruct or divert the road, nor to erect structures upon it without proper approval. The applicants, as directly affected landowners, have locus standi to seek relief, particularly as the local authority declined to act. The change in legal characterisation from 'public road' to 'public street' was a permissible refinement of the case, not a prejudicial shift. The co…
Source excerpt
- Public Street Definition
- Statutory Vesting Of Ownership
- Encroachment On Public Land
- Locus Standi
- Unauthorised Structures
- Municipal Powers