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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1485
Experience:  BCom; LLB; Masters in Law
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Is a servitude public right of way, because only use of the

Customer Question

Is a servitude for general public right of way, because only for the use of the plot owners and therefore maintenance thereof for the account of the plot owners, governed by the the provisions of the Sectional Title Act with regards ***** ***** collection and expensing of maintenance costs
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

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?

CaseLaw

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.

Customer: replied 1 year ago.
The plots are all freehold being the division of one erf and therefore the servitude of general right of way is the access each plot has to the public road. This is not a sectional tile development nor is it registered as such
Expert:  CaseLaw replied 1 year ago.

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.

Customer: replied 1 year ago.
When subdividing the original erf into a number of plots and registering the servitude on the particular plots the servitude lys on, the property development attorneys( no longer in business) erred in not stating on the neighbouring plot's tile deed ( or the title deeds the servitude is registered on ) that the neighbouring plots must contribute to the maintenance costs of the road. As a result a neighbouring plot owner, even though he uses the road to gain access to the public road, is refusing to contribute to the cost of the maintenance of the road.
Expert:  CaseLaw replied 1 year ago.

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.