H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17)
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…
Source excerpt
- Servitude Right Of Way
- Building Plan Approval
- Unlawful Diminution Of Rights
- Promotion Of Administrative Justice Act
- Error Of Law
- Property Valuation