Good dayMy family has a farm in Addo a p...

Asked by SamuelS on 14-07-2020 09:16:15
Question posted in the General Law category relating to Eastern Cape

Good day

My family has a farm in Addo a portion of the farm has been sold we have not received the money for the sale yet but it has been transfered to the new owners name since Aug 2019

the portion that is still owned by my family is land locked and the new owner of the sold section is not giving access to the portion we own

there is no fence that is dividing the sold and our section at the moment 

the game on the farm is located on our section 

the owner of the sold section is currently in the process of fencing a section off without a gate and not a boundary fence between the two sections, they have partnered with the other farms in the area wich are forming a game reserve that will house the big five, and they are planning to drop the boundary fences between them. 

we ownly farm with livestock and the game gets hunted in the hunting season

My question is. 

1. Can we be prohibited access to our farm?

2. can they lower the fence before we have the means to put up a boundary fence

3. Are we liable for the cost of fencing between the park and us 

Answer to the Question

Posted by Att. Patrick on 18-07-2020 21:49:21

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Re 1) How was the farm subdivided? Sure in the subdivision, there was a plan for an access road? What about a registered servitude over the portion that was sold so that you can access your farm? Did the conveyancing attorneys not deal with this?

Re 2) Yes, they can pull down their fence. If you want to protect your farm, you need to fence it. 

Re 3) Yes, because it will be your fence put up to protect your portion of the farm.

Att. Patrick

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