HelloMy neighbor emigrated to Israel in ...

Asked by Daniel on 21-07-2021 18:50:39
Question posted in the General Law category relating to Gauteng


My neighbor emigrated to Israel in 1978 and left behind land that is adjacent to my land. Access to his land was via a servitude registerred against my land. I want the servitude to be relocated to another section of my land. I have tried to located him so that he can make an avidavit to the effect that he agrees with my application to relocate the servitude.

The problem now is that I am not able to find him. I send emails to his last known legal representative in South Africa, and the representative says he cannot locate. I have send emails to his last known email address in Israel and have received no and in almost three months. I have also contacted the last know retirement home in Israel where he was chairperson of the board of the centre and I have recieved no reply.

What can I do to proceed solving my land problem without him?

Answer to the Question

Posted by Att. Patrick on 23-07-2021 13:35:18

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.

"Without him" - impossible, as the servitude (in favour of the owner of that ERF) is registered against your title deed. This is a real right which is registered, so it is claimable by the owner. So even if he has passed away, the right can be exercised by any of his children or whoever he sold the ERF to.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.