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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2412
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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If a servitude road on a farm was agreed to by my husbands

Customer Question

If a servitude road on a farm was agreed to by my husbands father and 2 brothers about 60 years ago.
JA: Thanks. Can you give me any more details about your issue?
Customer: There was a mutual agreement to the servitude road and the farm has been sold at least 2 times. In fact this is the third time that this farm has changed hands since my uncle passed away in 1978. My late mother and my cousin who presently ones the property with the servitude road had issues regarding this road. My mother contacted the old Divisional Council of East London SA and they told her that the road could not be closed. My cousin wanted to change the sevr road to a different place. I had no problem with this but my question was to my cousin: Who was to gravel this new road and make it into a usable road. My family and myself have carted hundreds of tons of gravel and stone to make this road into a reasonable condition to be traveled on. He failed to answer my question.This is my only concern over this new proposed road - I have over the years driven my cattle across this farm (50 ha)as long as I have been an adult, and so did my dad. Over 50 years ago no legal registration of servitude was placed.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 6 months ago.
Hi there Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied. If the road was openly used as a servitude for an uninterrupted period of 30 years then the road becomes a servitude road through the process of acquisitive prescription. In other words, it does not matter if it is registered or not, the owner of the property over whose will have to live with the fact that there is a servitude over his property and there is nothing that he can do to change that. You can apply to the deeds office to have the servitude registered in order to remove any doubt but it is not necessary to do it. If the other users of the road agrees to move the road to a different portion, you might want to consider registering that road as a servitude immediately to avoid conflict later on. I hope this answered your question. I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information. Regards
Expert:  Freddie Lombard replied 6 months ago.
Hi there, I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied. Please rate my service positively if you are satisfied. Kind regards