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South Africa decisions
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Da Ribeira N.o and Others v Woudberg and Others (15203/2020) [2022] ZAWCHC 193; 2023 (1) SA 530 (WCC) (23 September 2022)
High Court exception and amendment dispute over whether a servitude holder may pipe a water furrow on servient land.
Low NO and Others v South African National Parks and Another (16144/2007) [2008] ZAWCHC 333 (12 December 2008)
The court found that the applicants' use of water from the servitude springs constituted an existing lawful water use under the National Water Act, as the servitude infrastructure was in operation during the qualifying period. The servitude's terms did not impose any explicit or implicit limitation on the volume of water, other than the capacity of the infrastructure itself. The applicants were entitled to repair and restore the infrastructure, including replacing pipes of equivalent diameter, and to access the servient tenement for maintenance. The court rejected the respondent's argument th…
Source excerpt
Van Staden N.O and Another v Raath and Others (1232/04) [2005] ZANWHC 50 (7 July 2005)
The court granted a final interdict protecting a water servitude and access rights, finding the respondents unlawfully interfered with water flow and maintenance access.
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