"Right of Way " servitude across our private residential property
This is a discussion on "Right of Way " servitude across our private residential property within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; Hi there, We , my sister and my family are subjected to a "Right of Way " servitude across our ...
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#1 |
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Hi there,
We , my sister and my family are subjected to a "Right of Way " servitude across our private residential property by a back neighbor who has his own excess to a public road. As everyone knows , present South Africa , are one of the most violent , highest crime countries in the world today. We have to go about our daily lives with total strangers walking across our property as this neighbor dishes out the lock combinatians to all their friends and help. We are totally at their mercy , as all complaints go unheeded , them telling us that its their right (registered} and there is nothing we can do about it ! This is a very wealthy businesman , and previously when we went for legal assistance , we had to bail out as he was dragging out everything , and we only had limited finances. My question is , can anything be done to stop this 'Dark age" right , because sooner or later the "wrong" person is going to get in. If there is somebody out there with any suggestions or advice , please get in touch. # By him having this right of way , the value of our property has dropped by allmost 25% if we want to sell. Kind greetings, Doug Boshoff. Last edited by wld_team; Oct 25th, 2008 at 09:51 AM. |
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#2 |
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You can seek a court order ending it if he has access already (and you can show the danger or concern you have).
Or could you also fence it in somehow or limit the ability of the users to get to your property? |
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#3 |
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1.Agree with above comments look case: RoeloffzevBothma on net! pdf document the servient can have some relief from the dominant user (who has right of way) if they can prove that (i) it was necessary to construct the gate/item of restriction (ii) the informed the servitude owner (iii) the servitude owner was aware of the developments and construction and did not raise an issue, (iv) they gave them access after that was constructed.
2. Given that they have other access to public road find out the source of original right of access - if you believe it's no longer relevant you could seek relief through the courts given the security risk that the rights owner is causing you. Good luck - Although I'm in the opposite position i.e. the property owner wants to restrict me (with servitude rights) from from installing a gate in the servitude I have right of way - threatening my security risk and in essence making the throughfare into public property when in fact it's a private right! How weak is that! skating on thin ice! For that matter he doesn't even use the servitude at all,for access - its just in his title deed so he can use for square meterage for his property for selling purposes, paying rates etc. interesing neighbours we have!! Good luck |
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