Servitudes in South African property law Part 3 Dr Philani Lithandane Ndlovu

A servitude is a right that one person holds in the property of another. It is a subtraction from dominium in that it restricts the rights of an owner. The Ex Parte Geldenhuys 1926 OPD 155 Orange Free State case outlined the ambit of the servitude right. Servitudes form part of South African property law, having been part of the Roman-Dutch principles of law since its adoption at the Cape of Good Hope. A Servitude is a iura in re aliena, which means a limited right in the property of another. Praedial servitudes are distinguishable from personal servitudes, the former conferring in rem rights while the latter confer in personam rights. A burden encumbering the servient tenement is imposed in favour of a dominant tenement which hold limited rights over the servient tenement.

[@sibusisiwemsweli9054]

Im writing my exam tomorrow and this has been very helpful 😌😭🙏😊

[@iclasvirtual155]

Wishing you the best in your exams.

[@waltermathonsi76]

Gatsheni your lectures are very educational, infornative and are assisting me a great deal as a Unisa student. Been struggling on my own here in Ireland but since I discovered them I breathing much better. You know schooling isn't for faint-hearted. Thank you very much

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[@ztesq]

Thank you very much Dr Ndlovu.

[@kgaugelomakgakga9423]

You Dr, are absolutely amazing🙏thank you

[@Mntungwa77]

Thank you Dr Ndlovu, your explanation of these concepts is very clear

[@iclasvirtual155]

Its my pleasure. Thanks.

[@Thatssokukie]

Your videos are very informative please continue realising that

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It's my pleasure.

[@elsacarrapichano3507]

Thank you

[@mpumelelozide7960]

Thank you Dr Philani. i have been struggling with this Topic

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It's my pleasure.

[@vanessadumela3815]

your videos are very helpful and it makes the content easier to understand. thank you very much sir

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It's my pleasure.

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[@dylanolivier3731]

thank you for this

[@iclasvirtual155]

You're very welcome!

[@selflove96]

Very helpful 👍 👌 😀

[@iclasvirtual155]

Thanks for the feedback.

[@djwave9785]

Your videos have been really helpful..but I'm kinda sad that u did not go deep about personal servitude

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[@mabatusekonyela2848]

Good day sir. Am I allowed to have a canopy/carport over a right of way servitude on my property?

[@iclasvirtual155]

Consider the criterion of reasonableness in the whole matter, taking into account that a dominant tenement must not unduly burden and inconvenience the servient tenement. The question would always be how necessary the canopy is to enable the enjoyment of the servitude and whether non-installation dismisses the benefit of the servitude to the servient tenement.

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