Servitudes

A servitude is a legal agreement that grants one person the right to use another person’s property for a specific and defined purpose.

In South Africa we have three main types of servitudes, namely:-

Public Servitude

Are servitudes that grants the right to use the other persons property for the benefit of the general public, for example, the right to use a public park or the right to access a public beach. These servitudes are normally created by the government and are enforceable against all members of the public.

Praedial Servitude

Are servitudes that grant the right to use another person property for the benefit of the land, for example the right to access water source or to use a shared road. These servitudes are created between property owners and are enforceable against any subsequent owners of the property.

Personal Servitude

Are servitudes that grant the right to use another person’s property for personal purposes, for example the right to access a driveway. These servitudes are created between the two people and are only enforceable between the parties to the servitude.

Registering a servitude as a legal process and normally is attended to by an attorney.

Specific requirements and procedures may vary, and it is always advisable to consult directly with your qualified town planner for the most accurate and up to date information and advice.

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