South Africa Law
Get Your South African Law Questions Answered by Experts
Hi there and thank you for your question,
Is the servitude granted in respect of a property that forms part of a sectional title development?
Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
In that case, the provisions of the Sectional Title Act don't apply to you at all.
Generally, the person whose land the servitude is situated on, is required to provide upkeep to that land. It is after all that person's land.
The servitude (registered on the title deed) however may require the neighbouring erfs (who benefit from the servitude) to contribute towards the costs, however you'll need to look in the title deed.
Then you will need to ensure that the requirement is recorded on the title deed.
If you want to do that, you'll need to apply to Court for an order asking that the title deed be amended to include the obligation. You'll need to cite the Deeds Office and the neighbour as respondents to the application.
Otherwise, you'll need to come to an agreement with your neighbour that the title deed should be amended, OR that he will contribute towards the maintenance costs - otherwise you'll apply to court and seek costs against him.