SERVITUDE RIGHT OF WAY FENCED IN: WHEN WILL THIS BE AN INFRINGEMENT?
Langebosch (Pty) Ltd v Lubbe and Another (A221/2019) [2019] ZAWCHC 169 (10 December 2019)
By its nature a servitude right of way gives one owner strong rights over the property of another. Our law therefore dictates that the ambit of such rights is to be interpreted narrowly in accordance with the wording of the relevant notarial deed. The Court here was challenged to decide whether there was an infringement on the servitude right when the road was enclosed by fences so that the right holder could not maintain the rocky road as he was obliged to do by the notarial document.
The Judgment can be viewed here:
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Summary of the Judgment
STANDARDISING MUNICIPAL CHARGES FOR NEW DEVELOPMENTS
Draft Municipal Fiscal Powers and Functions Amendment Bill
The Municipal Fiscal Powers and Functions Amendment Bill was released on 8 January 2020 for public comment. The suggested amendments will impact on a developer’s financial obligations towards the relevant municipality where a new development is planned as the Bill introduces a standardised system for municipalities that opt to impose development levies as part of the process of approving a developer’s land development application. (These levies generally relate to the costs incurred by the municipality to install new infrastructure or upgrading and existing infrastructure that is required to service the proposed development.)
The Draft Bill can be viewed here:
