Hi I have a question regarding a servitu...

Asked by EdLange on 01-02-2016 09:58:56
Question posted in the Property Law category relating to Western Cape
Question value: R 400.00

I have a question regarding a servitude road. We are an "estate" of 10 plots, and the road is portion 11 of the estate (belonging to the HoA of the estate). The neighbour, who is on his own farm, has to use the road to get to his farm, and has servitude on the road. On his farm, he also has a horse business, where clients keep their horses, so there are quite a bit of traffic on this road. In addition we have gate access from the main road, so all the neighbours farm traffic also use the gate, with most of them having phone access.

A 30 km/h speed limit is set on the road, which no-one adheres to and we have no way of getting the neighbour or his traffic to comply. The speeding issue has been a point of great conflict over the last two years.
To make matters even worse, one of the Estate owners has now made a criminal case against the neighbour farmer for harassment and slander.
So that is the background. I have two questions:
1) Can the neighbour farmer organise an open event, inviting 400 people and not inform the home owners association of the Estate?
2) Is there any way in which a servitude road can be changed to take a different route (a shorter route to his property)? and if so which channels to we follow?
Ultimately we would like to fence of the whole estate, but seems pointless since there is so much traffic over the servitude road, with 50+ people having phone access to the gate.
Kind regards Elrike

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