Linvestment CC v. Hammersley

(634/2006) [2008] ZASCA 1 (2008)

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Linvestment CC v. Hammersley

Supreme Court of Appeal of South Africa
(634/2006) [2008] ZASCA 1 (2008)

  • Written by Tammy Boggs, JD

Facts

Linvestment CC (plaintiff) owned a portion of a farm that was burdened by two registered servitudes, which formed a contiguous strip of land for passage. The servitudes benefited another portion of the farm owned by Bonnie Hammersley (defendant). Linvestment gave notice to Hammersley that Linvestment intended to amend the existing route to a new route on Linvestment’s property. The existing route was unduly inconvenient for Linvestment, and Linvestment would pay for all costs of relocating the route. Hammersley did not consent to the relocation. Linvestment initiated suit against Hammersley seeking an order to substitute the new servitude route for the existing route. In addition to the foregoing facts, Linvestment declared that the new route would not excessively inconvenience Hammersley. At trial, the parties agreed for purposes of adjudication that all of Linvestment’s factual allegations were true. The trial court ruled in favor of Hammersley as a matter of law. An intermediary appeals court affirmed. The South African high court reviewed the legal issue of whether a servient-estate owner can unilaterally change the route of a defined right-of-way that is registered against his title deeds.

Rule of Law

Issue

Holding and Reasoning (Heher, J.)

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