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

Hello

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 

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